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THE 
AMERICAN  DEMOCRACY 

A  TEXT  IN  GOVERNMENT 

FOR  USE  IN 

HIGH  SCHOOLS,  ACADEMIES 
AND  NORMAL  SCHOOLS 


BY 
S.  E.  FORMAN      ,  . ,  , 

Author  of  "Advanced  American  History,**  "A  History 
OF  THE  United  States,"  "First  L^<iso>jrs 

IN  American  History,'*  ^tc.*"     '      '  ' 


The  beat  laws,  though  sanctioned  by  every  citizen  of  the  Stata, 
will  be  of  no  avail  unless  the  young  are  trained  by  habit  and 
education   in    the   spirit    of    the    Constitution  —  AbistotLiE 


NEW  YORK 
THE  CENTURY  CO. 

1921 


-3'Kn-v 

f^'? 


•  •••»•'•'•' 


•Copyright,  1920,  by 
//I  J  J      The  Centuby  Co. 


PREFACE 

This  text  is  based  on  my  Advanced  Civics,  but  the  changes 
that  have  been  made  are  so  many  and  so  far-reaching  that 
it  has  been  thought  best  to  give  the  new  book  a  new  name. 

The  essential  principles  of  our  government  are  presented 
first.  The  student  begins  by  learning  of  big  things,  of 
democracy,  representative  government,  the  separation  of 
powers,  constitutions,  the  federal  system,  local  self-govern- 
ment, civil  liberty.  These  are  the  foundation  stones  of  the 
Republic,  and  to  present  these  great  themes  first  is  simply 
to  lay  the  foundation  aright. 

In  Part  II  is  an  account  of  the  political  superstructure, 
the  governmental  machine.  Here  the  aim  has  been  to  give 
important  subjects  a  broad  and  ample  treatment,  but  there 
has  been  no  effort  to  present  a  vast  array  of  facts.  You 
will  not  be  able  to  carry  young  people  very  far  along  on  the 
road  to  good  citizenship  by  gorging  their  minds  with  facts 
about  government. '  The  way  to  improve  citizenship  is  to 
establish  in  the  mind  correct  political  ideals  and  to  reach 
the  heart  with  the  living  truths  of  political  morality. 

Part  III  deals  with  the  every  day  work  of  the  govern- 
ment. The  learner  is  brought  face  to  face  in  a  practical 
way  with  questions  relating  to  international  policies,  na- 
tional defense,  taxation,  currency,  transportation,  trusts, 
immigration,  conservation,  labor  legislation,  public  utilities, 
the  housing  problem,  rural  betterment.  These  are  subjects 
with  which  the  voter  must  be  conversant,  and  if  they  do 
not  receive  serious  attention  in  the  classroom  our  civics 
teaching  will  break  down  at  a  most  important  point :  it  will 
fail  to  prepare  for  intelligent  voting. 

We  have  in  this  country  a  precious  heritage  of  liberty  and 

V 

463396 


vi  PREFACE 

democracy  and  it  is  the  prayer  of  every  good  American  that 
this  heritage  be  preserved.  It  will  not  be  preserved  unless 
our  youth  are  led  to  understand  it  and  taught  to  love  it. 
So,  throughout  the  book,  the  underlying  purpose  has  been 
to  teach  the  true  meaning  of  America,  to  impart  the  Ameri- 
can spirit.     '  *  The  letter  killeth  but  the  spirit  giveth  life. ' ' 

S.  E.  Form  AN. 
Washington,  D.  C,  1920. 


CONTENTS 


PART  I 

THE  ESSENTIAL  PBINCIPLES  OF  THE  AMERICAN  GOVERNMENT: 

THE  SPIRIT 

I 

DEMOCRACY 

PAGE 

Government 3 

Types  of  Government 4 

The  United  States  a  Democracy 4 

Why  Democracy  is  the  Best  Form  of  Government   ....  5 

Dangers  of  Popular   Government 6 

Democracy  and  the  Individual 7 

II 

THE  MASTERS  OF  GOVERNMENT 

The    Elective    Franchise 10 

Qualifications  of  a  Voter 11 

The  Right  of  Suffrage  Conferred  by  State  Authority  ....  12 

Equal  Suffrage 13 

Duties  of  the  American  Voter 14 

III 

^REPRESENTATIVE  GOVERNMENT 

Pure   and   Representative   Democracy 17 

Growth  of  Representative  Government 18 

The  United  States  a  Representative  Democracy 18 

Principles  of  Representation 19 

Representation  of  the  Minority 20 

The  People  and  their  Representatives   ...-•.»-  21 

vii 


viii  CONTENTS 

IV 
"CHECKS  AND  BALANCES" 

PAGE 

How  the  Power  of  Government  is  Separated 24 

Development  of  the  Three-Department   System 24 

The  Legislature 25 

The  Judiciary 27 

The  Executive 27 

Independence  of  the  Departments 28 

V 

CONSTITUTIONAL  GOVERNMENT 

Colonial  Charters 81 

Constitutions 31 

How  Constitutions  Obtain  Their  Authority 33 

Outline  of  a  Typical  Constitution 33 

Amendments  and  Revision  of  Constitutions 34 

VI 

FEDERAL  GOVERNMENT 

Diflferent  Kinds  of  Political  Unions 38 

Complexity  of  the  American  Government 39 

Beginnings  of  the  American  Union 39 

Articles  of  Confederation 40 

Weakness  of  the  Confederation 41 

Efforts  to  Strengthen  the  Confederation 42 

VII 

THE  WORK  OF  THE  FATHERS 

The  Constitution  Framed  and  Ratified 46 

Distribution  of  Powers 47 

Implied  and  Resulting  Powers  of  the  Federal  Government  .      .  60 

Limitations   of   the  Federal   Government 51 

How  the  Federal  Constitution  is  Amended 51 

VIII 

THE  STATE 

Powers  of  the  State 54 

Conflict  of  Federal  and  State  Authority 55 

Interstate  Relations 56 

Preservation  of  the  Federal  System 59 


CONTENTS  ix 

IX 

LOCAL  GOVERNMENT 

PAGE 

Division  of  the  Powers  of  the  State 62 

Three  Grades  of  Government 63 

How  Local  Governments  Receive  Their  Powers 64 

Municipal  Home  Rule i.i     .  66 


X 

PARTY  GOVERNMENT 

What  Political  Parties  Are  For 69 

Origin  of  Political  Parties  in  the  United  States 70 

Political  Parties  of  To-day 71 

Political  Parties  and  the  Individual 73 


XI 

CIVIL  LIBERTY 

Civil  Liberty  Defined 76 

Growth  of  American  Civil  Liberty 76 

Constitutional  Liberty  and  Its  Preservation 82 


XII 

CrVIL  RIGHTS  AND  DUTIES 

Civil  Rights  and  Political  Rights 85 

Who  are  Citizens? 85 

Civil  Rights  of  State  Citizenship 86 

Civil  Rights  of  Federal  Citizenship 88 

Duties  of  Citizenship 89 


XIII 

A  REVIEW 

The  Characteristic  Features  of  American  Government  ...       91 
The  American  Spirit 92 


X  CONTENTS 

PART  II 

OEGANIZATION"  OF   THE   AMEBICAN   GOVERNMENT 

THE  FORM 

XIV 
THE  ORGANIZATION  OF  CONGRESS 

PAGE 

Introductory 97 

Representation  in  Congress 98 

Apportionment  of  Representatives 101 

Election  of   Representatives 102 

Election   of    Senators 102 

Powers   of   Congress 103 

Congress  the  Hope  of  the  Nation 104 

XV 

CONGRESS  AT  WORK 

Assembling  of  Congress   and  Its  Adjournment 108 

How  Congresses  are  Numbered;   Sessions  of  Congress   .      .      .  108 

The  House  at  Work 110 

The  Senate  at  Work 115 

XVI 

THE  PRESIDENCY 

Election  of  the  President 118 

Powers   and   Duties  of   the   President 120 

The  President's  Share  in  Law-Making 120 

Succession  to  the  Presidency 122 

The  President  as  a  Political  Personality 123 

XVII 
THE  FEDERAL  EXECUTIVE  DEPARTMENTS 

The  Executive  Civil  Service 125 

The  Cabinet 126 

Organization  of  the  Departments 128 

XVIII 

THE  FEDERAL  JUDICIARY 

Explanation  of  Terms 133 

Independence    of    the    Federal    Judiciary 133 


CONTENTS  xi 

PAGE 

Organization    of   the    Federal    Courts 134 

The  Supreme  Court  and  the  Constitution 136 

Ihe  Supreme  Court  and  the  People 139 

Federal  Courts  Outside  the  Federal  System 140 

Officers  of  the  Federal  Courts 140 

XIX 
TERRITORIES  AND  DEPENDENCIES 

How  Territories  and  Dependencies  are  Governed 143 

Territories  and  Dependencies  on  the  American  Continent  .      .  144 

Insular  Territories  and  Dependencies 148 

Attitude  of  the  United  States  Toward  Its  Dependencies  .      .      .  151 

XX 

THE  STATE  LEGISLATURE 

General  Features  of  State  Legislatures 153 

Passage    of    Bills 153 

Importance  of  State  Legislation 155 

The  State  Legislature  and  the  State  Constitution    ....  156 

Direct  Legislation;   Initiative  and  Referendum 157 

XXI 

THE  STATE  EXECUTIVE 

Decentralization  of  Executive  Power  in  the  State    ....  162 

Chief   State   Executive   Officers 163 

Other  Executive  and  Administrative  Officers  ..'.•...  166 

Consolidation  of  State  Administrative  Offices 168 

Removal  of  State  Officers 168 

XXII 

THE  STATE  JUDICIARY 

Selection  of  the  State  Judiciary 173 

The  Several  Grades  of  State  Courts 173 

Probate,  County,  and  Chancery  Courts 177 

Relation  of  the  State  Judiciary  to  the  Federal  Judiciary  .      .  177 

Powers  of  the  State  Judiciary 178 

XXIII 

THE  COUNTY 

Importance  of  County  Government 181 

The  Three  Types  of  County  Government 181 


xii  CONTENTS 

FAfiB 

The  Governing  Body  of  the  County 183 

Court  Officials  of  a  County 184 

Other  County  Officials 185 

County  Home  Rule 186 

The  Citizen  and  His  County .  186 


XXIV 
THE  TOWNSHIP 

The  Two  Types  of  the  County-Township  System 189 

Powers  of  the  Township 192 

Organization   of  the  Township 193 

The  Township  a  School  for  Good  Citizenship 198 


XXV 

THE  TOWN 

Origin  and  Character  of  the  Early  New  England  Town  .      .      .  196 

The  Town-Meeting 198 

Town   Officers 199 

The  Town  as  a  Factor  in  the  Civic  Life  of  New  England  .      .  200 

Town  Government  Outside  of  New  England 201 


XXVI 

MUNICIPALITIES 

Necessity  for  Municipal  Organization 203 

Two   Classes  of  Municipalities 204 

Villages,    Boroughs,    Towns 204 

Organization  of  Cities 206 

Honesty  and  Vigilance  the  Price  of  Good  City  Grovernment  .      .  214 


XXVII 

PARTY  ORGANIZATION 

Nomination  of  Candidates 217 

Permanent   Party  Organization 217 

Primaries 218 

Direct   Nominations 220 

The   Convention    System 221 

Presidential    Campaign 221 


CONTENTS  xiii 

PART  III 

THE  FUNCTIONS  OF   THE   AMERICAN   GOVERNMENT 

ITS  SERVICES 

XXVIII 
THE  FUNCTIONS  OF  GOVERNMENT 

PAGE 

Scope    of    Governmental    Activity 227 

Government  and  the  Individual 228 

Individualists;  Socialists 230 

XXIX 

LAWS 

What  a  Law  Is;  Different  Kinds  of  Law 233 

Some  of  the  Characteristic  Features  of  Law 234 

Law-Making  and  Public  Opinion 235 

Obedience  to  Law 237 

XXX 

JUSTICE 

Administration  of  Justice  the  Highest  Fimction  of  Government  240 

Fundamentals  of  American  Justice 240 

A  Needed  Reform  in  the  Administration  of  Justice  ....  244 

"Fiat  Justitia" 246 

XXXI 

DEFENSE 

Defense  an  Indispensable  Function  of  Government   ....  248 

National  Defense 248 

State  Defense 252 

Local    Defense 252 

Civil   Government   and  Martial   Law 253 

XXXII 
LNTTEENATIONAL  RELATIONS 

International  Affairs  Regulated  by  the  Federal  Government  .     255 

International  Law 255 

Ambassadors  and  Ministers 257 


xiv  CONTENTS 

PAGE 

Consuls 258 

The  President  the  Head  of  Foreign  Affairs 259 

Treaties    . 259 

Arbitration 261 

The  Peace  Treaties- 262 

The  League  of  Nations 262 


XXXIII 
TAXATION 

Cost  of  Government 266 

Taxation    Defined 266 

Principles  upon  Which  Taxes  are  Levied 267 

Different  Kinds  of  Taxes 267 

Reforms  in  Taxation 269 

XXXIV 

NATIONAL  FINANCE 

Extent  of  the  Federal  Taxing  Power 273 

Preparing  the  National   Tax   Bill 274 

Sources  of   the  National  Revenue 275 

Collection  of  the  National  Revenue 277 

National    Expenditures 277 

Shall  We  Have  a  National  Budget  ? 278 

XXXV 

STATE  FINANCE 

Taxing  Power  of  the  State 282 

Authority  for  State  and  Local  Expenditures 282 

Taxation  in  the  State 284 

State  and  City  Budgets 288 

XXXVI 

PUBLIC  DEBT 

Public  Debt  a  Necessity 291 

How  a  Government  Borrows  Money 291 

National   Debt 292 

State   Debt 293 

Debts  of  Local  Governments 294 

How  Public  Debts  are  Paid 296 


CONTENTS  XV 

XXXVII 
MONEY 

PAGE 

Money  as  a   Commodity 299 

The  Precious  Metals 300 

Coinage  of  Money 301 

Paper  Money 301 

Representative  Money 303 

Rivalry  of  Gold  and  Silver;  Gresham's  Law 303 


XXXVIII 

THE  CURRENCY  OF  THE  UNITED  STATES 

Different  Kinds  of  Currency 307 

Gold  Coin  and  Gold  Certificates;  Silver  Dollars  and  Silver  Cer- 
tificates    307 

Subsidiary  Coinage 308 

United  States  Notes   (Greenbacks) 308 

National  Bank  Notes 310 

Federal  Reserve  Notes.     Federal  Reserve  Bank  Notes   .      .      .  311 

Essential  Facts  of  Our  Monetary  System 313 


XXXIX 

FOREIGN  COMMERCE 

Power  of  Congress  Over  Foreign  Commerce 315 

The  Tariff;  Free  Trade  and  Protection 316 

Tariff  Legislation 317 

The  Tariff  Commission 318 

Regulations  of  Foreign  Shipping 318 

Foreign  Commerce  Assisted  by  the  Federal  Government  .      .      .  319 


XL 

THE  STRANGER  WITHIN  OUR  GATES 

Extent  and  Character  of  the  Immigrant  Population  .      .      .      .321 

Restrictions  Upon  Immigration 322 

Benefits  of  Immigration 324 

Naturalization 325 

Americanization 326 


xvi  CONTENTS 

XLI 

TRANSPORTATION 

PAGE 

Interstate  and  Intrastate  Commerce 329 

Highways 330 

Railroads 333 

The  Interstate  Commerce  Commission 334 

Transportation  Act  of   1920 336 


XLII 
CORPORATIONS 

The  Corporation  in  Modern  Life 339 

How  Corporations  are  Created  and  Controlled 339 

Growth  of  the  Trusts 340 

Advantages  and  Disadvantages  of  Trusts 342 

The  Federal  Government  and  the  Trusts 343 

State  Governments  and  the  Trusts  ' 345 

The  Trust  Problem 346 


XLIII 

CONSERVATION 

Meaning  of  Conservation 848 

Scope  of  Conservation 348 

Conservation  of  the  Soil 349 

Conservation  Through  Reclamation 350 

Forest    Conservation 352 

Conservation  of  Water  Power .  353 

Some  of  the  Practical  Benefits  of  Conservation  .     .     .     .     .  335 


XLIV 

ELECTIONS 

Usefulness   of   Frequent   Elections 358 

Elections  Conducted  by  State  Authority 359 

Registration 359 

The  Casting  and  Counting  of  the  Ballots 359 

Protecting  the  Ballot-Box  from  Corrupt  Practices   ....  360 

Bribery 362 


CONTENTS  xvii 

XLV 
EDUCATION 

PAGE 

Democracy   and   the  Public   School   System 365 

Public  Education  Controlled  by  the  State 365 

Education  a  Local  Affair 366 

The    School    District 367 

School  Supervision 367 

Common    Schools,    High    Schools,    Universities,    and    Normal 

Schools 368 

Educational  Activities  of  the  Federal  Government   ....  368 

Educational  Reform 370 

XLVI 

LABOR 

Growth  of  Labor  Organizations 373 

Aims  of  Labor  Organizations 375 

The  State  and  the  Workingman  .      .  • 375 

Collective  Bargaining 376 

Settlement  of  Labor  Disputes 377 

A  Difficult  Labor  Problem 378 

The  Federal  Government  and  the  Workingman 380 

• 

XLVII 

THE  LAWS  AND  THE  WORKINGMAN  ' 

The  Police  Power 383 

The  Laborer  is  Worthy  of  his  Hire 384 

"Eight  Hours  for  Work;  Eight  Hours  for  Rest;  Eight  Hours 

for  What  You  Will" 385 

Unemployment 386 

Insurance  Against  Accidents • 387 

Child-Labor  Laws 389 


XLVIII 

HEALTH,  SAFETY,  AND  MORALITY 

A  Word  More  About  the  Police  Power 392 

Public   Health 393 

The  Federal  Government  and  the  Public  Health 393 

Public  Safety 394 

Public  Morality 396 

Prohibition 396 


xviii  CONTENTS 

XLIX 
HELPING  THE  POOR 

PAGE 

The  Poor  We  Have  Always  With  Us 398 

Care  of  the  Poor  a  Function  of  Local  Government   ....  398 

Outdoor   and   Indoor   Relief 399 

The  Defective  Classes 400 

State  Boards  of  Charities 400 

Mothers'  Pensions;  Old  Age  Pensions 401 

Organized  Charity 402 

L 
CRIME 

Definition  of  Crime 405 

Punishment  of  Crime 406 

Crime  and  the  State  Government 406 

Crime  and  the  Federal  Government 408 

Prevention  of  Crime  and  Treatment  of  Criminals 409 

LI 

URBAN  AMERICA 

Growth  of  Cities  and  Extension  of  Municipal  Functions  .      .      .  413 

The  Problem  of  Public  Utilities 414 

The  Housing  Problem 417 

City  Planning 419 

Municipal  Recreation 420 

Community  or  Civic  Center 421. 

LII 

RURAL  AMERICA 

Decline  of  the  Rural   Population 424 

Conditions  of  Rural  Life 425 

The  Federal  Government  and  the  Farmer 426 

The  State  Government  and  the  Farmer 429 

The  Local  Government  and  the  Farmer 430 

Farmers'  Associations .  432 


LIST  OF  ILLUSTRATIONS 

The  power  of  government Frontispiece 

PAQH 

The  growth  of  democracy  in  America 11 

America's  greatest  representative  body 20 

The  growth  of  the  Constitution 43 

The  distribution  of  powers .49 

The  act  which  admitted  the  first  new  state 67 

'Fac-simile  of  part  of  the  Declaration  of  Independence      .      .      .81 

Map  of  Pennsylvania  showing  Congressional  Districts  ....     99 

A  chart  showing  at  a  glance  the  relative  strength  of  each  state 

in  the  national  House  of  Eepresentatives Ill 

Organization  of  state  administration 169 

Map  of  a  county,  showing  townships  and  villages 191 

Council  plan  of  Chicago 205 

Commission  plan  of  Des  Moines 209 

City  manager  plan  of  Dayton 213 

A  sample  ballot  for  direct  nomination  of  officers 219 

Portion  of  a  treaty  between  France  and  United  States  showing 

seals  and  signatures 260 

The  Committee  on  Ways  and  Means 274 

Chart  showing  division  of  currency  , 309 

Where  the  foreigners  come  from 323 

Map  showing  the  state  highway  system  of  California  ....  332 

Principal  irrigation  projects  in  the  Western  United  States   .      .351 

A  sample  ballot  for  a  general  election 360 

In  the  ]\rcKinley  Manual  Training  School,  Washington,  D.  C.  .  368 

The  New  York  Public  Library 415 

Trade  communities - 432 


PAET  I 

ESSENTIAL  PRINCIPLES  OF  THE 
AMERICAN  GOVERNMENT 

The  Spirii 


THE 
AMERICAN    DEMOCRACY 


PART  I 


DEMOCRACY 

The  study  of  Civics  is  in  the  main  a  study  of  government,  an  in- 
quiry into  the  workings  of  a  political  machine.  The  most  important 
question  that  can  be  asked  about  a  government  relates  to  its  power: 
From  what  source  does  government  in  America  receive  its  compelling 
force?  The  answer  to  this  question  involves  the  discussion  of  the 
greatest  and  noblest  of  all  political  themes — democracy. 

Government.  If  man  could  live  separate  from  all  of  his 
kind  his  freedom  would  be  perfect ;  his  conduct  would  de- 
pend entirely  upon  his  own  will  and  desires.  But  he  can 
not  live  thus.  He  must  live  in  society,  and  in  the  social 
relation  he  must  do  things  that  he  does  not  wish  to  do,  and 
he  must  refrain  from  doing  things  that  he  wishes  to  do. 
Wild,  unrestrained  freedom  would  destroy  the  peace  and 
safety  of  the  social  group.  In  every  society,  therefore, 
there  are  rules  (laws)  to  be  obeyed  and  rulers  to  enforce 
the  rules.  The  authority  that  imposes  rules  upon  the  con- 
duct of  men  and  punishes  those  who  disobey  is  government. 
The  word  government  is  derived  from  a  Latin  word 
(guhernare)  which  means  to  guide  or  steer  or  pilot  a  ship. 
The  idea  of  piloting  or  guiding  clings  to  the  word  govern- 
ment in  all  its  uses.  We  may  say,  with  exactness  of  lan- 
guage, that  government  pilbts  society  safely  through  the  sea 
of  man's  passions  and  cruelty  anc'  selfishness.  The  mani- 
fold services  of  government  will  receive  attention  in  another 

3 


4  THE  AMERICAN  DEMOCRACY 

place  (p.  227).  Here  it  is  enough  to  say  that  government 
lays  its  hands  upon  us  in  our  infancy  and  is  a  guiding  and 
controlling  force  all  our  lives.  If  it  is  wise  and  just  and 
efficient,  it  is  an  instrument  of  happiness;  if  it  is  foolish 
or  tyrannical  or  incapable,  it  is  an  agency  of  misery.  Our 
interest,  therefore,  in  securing  and  maintaining  a  good 
government  is  direct  and  permanent. 

Types  of  Government.  What  kind  of  government  shall  a 
people  have?  What  powers  shall  it  exercise?  Who  shall 
be  the  rulers,  and  by  what  authority  shall  they  rule? 
Questions  like  these  arose  ages  and  ages  ago  at  the  earliest 
period  of  human  association.  After  experimenting  for 
many  thousands  of  years,  trying  now  this  form  of  govern- 
ment, now  that,  here  oppressed  by  cruel  masters,  there 
breathing  the  air  of  freedom,  the  people  of  the  earth  at  last 
found  themselves  living  under  absolute  monarchies,  limited 
monarchies,  or  republics.  In  an  absolute  monarchy  they 
were  governed  by  one  person,  the  monarch,  whose  will  was 
unfettered  and  supreme.  In  the  limited  monarchy  the 
monarch  shared  political  power  with  a  law-making  body 
chosen  by  the  people.  In  the  republic  all  political  power 
flowed,  directly  or  indirectly,  from  the  people  themselves. 
These  three  types  of  government,  evolved  from  the  long 
and  ample  experience  of  the  past,  are  the  prevailing  types 
of  the  present  day. 

The  United  States  a  Democracy.  In  America  the  people 
have  chosen  the  republic  as  their  form  of  government,  or, 
rather,  they  have  chosen  to  establish  a  democracy;  for  be- 
tween a  republic  and  a  democracy  there  is  no  essential 
difference.  And  what  is  a  democracy?  It  is  a  popular 
government ;  a  government  that  receives  its  powers  directly 
from  the  people;  "a,  government  of  the  people,  for  the  peo- 
ple, and  by  the  people. ' ' 

In  the  United  States  the  hand  of  the  people  is  seen  in 
every  department  of  public  affairs.  The  President  of  the 
United  States,  the  Congress,   and  the  national  Supreme 


DEMOCRACY  5 

Court  all  receive  their  powers  from  the  Constitution  of  the 
United  States,  and  this  Constitution  is  a  creation  of  the 
people  (1)^  of  the  United  States;  the  government  of  a 
State  2  receives  its  powers  from  the  people  of  the  State ;  a 
city  or  a  town  or  a  county  is  governed  by  the  people  who 
reside  within  its  borders.  Thus  in  the  United  States  the 
will  of  the  people  prevails  not  only  in  the  country  taken 
as  a  whole,  but  in  all  its  parts  as  well.  This  is  the  funda- 
mental principle  of  the  American  government. 

The  people  govern  by  a  political  device  known  as  majority 
rule.  When  a  question  of  government  is  to  be  decided,  or 
when  an  officer  of  the  government  is  to  be  chosen,  an  orderly 
vote  is  taken,  and  the  will  of  the  majority  is  regarded  as 
the  will  of  all.  The  majority  rules,  and  the  minority  sub- 
mits to  the  will  of  the  majority.  This  is  a  necessary  and 
unavoidable  feature  of  democratic  government.  The  mi- 
nority, right  or  wrong,  must  bow  to  the  will  of  the  majority. 
If  the  cause  of  the  minority,  however,  is  just,  it  may  be 
promoted,  and  in  good  time  the  minority  may  become  a 
majority.  A  righteous  and  aggressive  minority  will  not 
suffer  permanent  defeat. 

Why  Democracy  Is  the  Best  Form  of  Government.  What 
are  the  reasons  that  urged  the  people  to  undertake  the 
dangerous  and  difficult  task  of  governing  themselves? 
There  are  three  coercive  reasons  why  popular  government 
should  be  maintained : 

(1)  The  people  are  the  best  guardians  of  their  own 
liberties  and  interests.  Government  &i/  is  government  for. 
Government  by  a  king  will  be  conducted  in  the  interest  of 
the  royal  family ;  government  by  an  aristocracy  will  be  ad- 
ministered for  the  benefit  of  a  small  class;  government  by 
all  will  aim  to  promote  the  welfare  and  protect  the  rights 
of  all. 

1  The  numbers  in  heavy-faced  type  refer  to  passages  in  the  Constitution  of 
the  United  States  (Appendix  A),  which  are  distinguished  by  corresponding 
numbers  on  the  margin. 

2  In  this  treatise,  when  the  word  utate  begins  with  a  capital  letter  one  of 
the  members  of  the  American  Union  is  meant. 


6  THE  AMERICAN  DEMOCRACY 

(2)  Democracy  is  best  for  the  individual.  Participation 
in  government  adds  to  the  interest  of  life,  sharpens  the  in- 
tellect, broadens  the  sympathies,  cultivates  a  civic  con- 
science, and  thus  enriches  and  elevates  individual  character. 

(3)  Popular  government  develops  the  highest  type  of 
patriotism.  Citizens, of  a  democracy  always  spring  quickly 
to  the  defense  of  their  government,  for  it  is  a  work  of  their 
own  hands.  Subjects  of  monarchies,  on  the  other  hand, 
have  been  known  to  be  driven  into  battle  by  the  lash.  Pop- 
ular government  has  had  its  fullest  development,  perhaps, 
in  Switzerland,  and  the  Swiss  are  the  most  patriotic  people 
in  the  world. 

Dangers  of  Popular  Government.  We  are  sometimes 
taught  to  regard  democracy  as  something  divine.  We  are 
told  that  the  voice  of  the  people  is  the  voice  of  God.  We 
should  cherish  the  principle  of  democracy  and  resist  every 
attempt  to  undermine  it  or  sap  its  strength,  but  we  need 
not  regard  it  as  a  divine  institution.  It  is  simply  one  of 
the  forms  of  government.  It  is  that  form  in  which  the 
people  rule  by  the  device  of  voting  and  abiding  by  the  will 
of  the  majority ;  that  is  all.  Democracy  is  a  human  insti- 
tution, and  like  all  human  institutions  it  is  beset  by  dangers. 
Three  of  these  dangers  are  inherent  and  must  be  pointed 
out: 

(1)  Indifference.  It  is  extremely  easy  to  forget  and 
neglect  civic  duty.  It  is  next  to  impossible  to  keep  the 
attention  fixed  constantly  upon  public  affairs.  Yet  the  suc- 
cess of  popular  government  requires  that  the  citizen's  in- 
terest in  public  affairs  be  sustained,  and  that  his  watchful- 
ness shall  never  be  relaxed.  Eternal  vigilance  is  the  price 
of  democracy  as  well  as  of  many  other  good  things.  A 
people  who  are  habitually  indifferent  to  the  affairs  of  gov- 
ernment are  not  fit  to  rule  themselves. 

(2)  The  Demagogue.  A  demagogue  is  a  leader  who 
seeks  to  gain  political  power  for  his  own  selfish  purposes, 
and  not  for  his  country's  good.     The  demagogue  flatters 


DEMOCRACY  7 

the  people  and  confirms  them  in  their  prejudices  and 
wrong  thinking  and,  if  necessary,  lies  to  them.  He  would 
rather  lead  the  people  to  their  destruction  than  fail  in  his 
designs.  We  must  always  have  leaders,  and  as  long  as  there 
are  men  who  prefer  their  private  gain  to  the  public  welfare, 
so  long  will  the  false  leader,  the  demagogue,  be  with  us. 
We  ought,  therefore,  to  keep  a  sharp  lookout  for  this  arch- 
enemy of  democracy  and  deal  him  a  blow  whenever  he 
shows  his  baleful  head. 

(3)  Tyranny.  We  are  accustomed  to  associate  the  idea 
of  tyranny  with  kings;  but  what  is  tyranny?  It  is  an 
exercise  of  power  without  regard  to  justice;  it  is  an  exer- 
cise of  brute  force.  Now,  if  the  majority  ruthlessly 
trample  upon  the  rights  of  the  minority,  the  minority  feels 
the  tyranny  as  keenly  as  if  it  were  inflicted  by  a  despot. 
Tyranny  in  popular  government  is  worse  than  the  tyranny 
of  monarchies.  A  tyrannical  king  can  be  overthrown,  but 
when  a  majority  is  tyrannical  its  tyranny  cannot  be  suc- 
cessfully resisted. 

The  danger  of  tyranny  in  popular  government  will  be 
avoided  if  the  majority  will  remember  justice  and  right. 
But  justice  and  right  are  not  always  identical  with  the 
popular  will.  ''To  say  that  the  will  of  the  majority  makes 
a  thing  right  or  wrong  is  a  palpable  absurdity.  Right  and 
wrong  are  what  they  are  by  their  own  nature.  They  can 
as  little  be  made  by  man  as  can  the  properties  of  the  tri- 
angle. No  man,  no  number  of  men,  can  do  more  than  de- 
clare them.  The  will  of  the  majority  ought  to  prevail  if  it 
is  in  accordance  with  right.  For  the  sole  ought  is  an 
ethical  ought."  (W.  8.  Lilly.) 

Democracy  and  the  Individual.  We  learn  in  physics  that 
a  body  acted  upon  by  a  number  of  forces  applied  from  dif- 
ferent directions  yields  something  to  each  force  and  moves 
in  a  line  that  is  the  resultant  of  all  the  forces.  So  it  is 
in  the  political  world.  In  a  democracy  a  number  of  wills 
exert  themselves  upon  government  to  make  it  go  this  way 


8  THE  AMEEICAN  DEMOCRACY 

and  that ;  it  yields  something  to  each  and  moves  in  a  direc- 
tion that  is  the  resultant  of  all  the  wills.  Plainly,  then,  the 
responsibility  for  the  course  of  public  affairs  must  be 
sought  in  the  doings  of  individuals.  Just  as  one 's  personal 
conduct  affects  the  government  of  the  home  for  good  or  for 
evil,  or  the  government  of  the  school  for  good  or  for  evil,  so 
does  personal  conduct  affect  the  larger  civil  government  for 
good  or  for  evil.  This  is  another  way  of  saying  that  good 
government  begins  with  one's  self,  not  with  one's  neighbor. 
When  I  grasp  the  idea  of  personal  responsibility  in  political 
matters,  when  I  understand  that  the  greatest  contribution 
I  can  make  to  the  cause  of  good  government  is  to  order  my 
own  political  actions  aright,  I  am  beginning  to  understand 
the  duty  that  rests  upon  me  as  a  citizen  of  a  democracy. 
The  first  fact  of  a  democracy  is  the  power  of  the  people ;  the 
first  fact  of  citizenship  in  a  democracy  is  the  civic  responsi- 
bility of  the  individual. 

Questions  on  the  Text 

1.  What  is  government,  and  why  has  it  been  established? 

2.  Name  three  prevailing  types  of  government,  and  define  each. 

3.  What  is  a  democracy?     Why  may  we  call  the  United  States  a 
democracy  ? 

4.  What  is  meant  by  majority  rule? 

5.  Give  three  good  reasons  why  popular  government  should  be 
maintained. 

6.  Point  out  three  of  the  great  dangers  of  democracy. 

7.  How  can  it  be  shown  that  responsibility  for  good  government 
rests  upon  the  individual? 

Suggestive  Questions  and  Exercises 

1.  Can  society  exist  without  government? 

2.  Which  is  better,  self-government  or  good  government? 

3.  "The  people  have  the  right  to  their  own  mistakes."     Discuss 
this  statement. 

4.  Why  should  Civics  be  taught  in  the  public  schools? 
6.  Which  is  worse,  anarchy  or  despotism? 

6.  What    is    an    aristocracy?    an    oligarchy?    a    plutocracy?    an 
ochlocracy? 

7.  What  notable  gains  have  been  made  by  democracy  in  recent 
years? 

8.  Suppose  this  school  was  organized  as  a  democracy:  would  the 
will  of  the  majority  be  expressed  in  favor  of  order  and  industry? 


DEMOCRACY  9 

Would  any  demagogues  be  likely  to  make  their  appearance?     Would 
the  minority  acquiesce  in  the  will  of  the  majority? 

9.  What  is  meant  by  the  expression  "making  the  world  safe  for 
democracy"?  What  is  meant  by  the  expression  "making  democracy 
safe  for  the  world"? 

10.  Classify  the  sovereign  governments  of  the  earth  as  absolute 
monarchies,  limited  monarchies,  and  republics.  In  which  class  do 
we  find  the  greatest  number  of  people  ?  In  which  class  is  the  highest 
grade  of  civilization? 

11.  Among  the  services  that  government  performs  for  society  are 
the  following:  (1)  It  keeps  the  streets  and  roads  in  repair;  (2)  it 
supports  the  schools;  <3)  it  administers  justice  between  man  and 
man;  (4)  it  carries  the  mails;  (5)  it  protects  life  and  property; 
(6)  it  preserves  the  liberty  of  citizens;  (7)  it  regulates  the  posses- 
sion and  transfer  and  descent  of  property;  (8)  it  defends  the  nation 
against  attack;  (9)  it  protects  the  public  health;  (10)  it  helps  the 
poor  and  unfortunate.  Arrange  these  services  in  the  order  of  their 
importance,  placing  the  most  important  service  first.  Be  prepared 
to  give  reasons  for  your  arrangement. 

12.  In  former  times  it  was  said  that  the  voice  of  the  King  was  the 
voice  of  God;  in  these  times  it  is  sometimes  said  that  the  voice  of 
the  people  is  the  voice  of  God.  In  which  statement  is  there  more 
truth? 

Topics  for  Speciai;,  Work 

1.  The  Perils  of  Democracy:  Abbott,i  279-301. 

2.  Majority  Rule:  Dole,  161-173. 

3.  The  Meaning  of  Self-Government :  Kaye,  15-21. 

•1  Ideals  of  Democracy:  Cleveland  and  Schafer,  25-47. 
5.  The  Underlying  Concepts  of  Democracy:  Cleveland  and  Schafer, 
48-68. 

1  Fcr  the  full  name  of  the  authors  and  the  full  title  of  the  book  see  the 
Reading  List  (Appendix  B),  where  the  names  of  the  authors  ar«  arranged  in 
alphabetical  order. 


II 

THE  MASTERS  OF  GOVERNMENT 

When  it  is  said  that  in  a  democracy  the  people  are  the  rulers,  it 
should  of  course  be  understood  that  only  a  portion  of  the  people 
is  meant.  For  plainly  there  are  large  classes  of  persons — little  chil- 
dren, for  example,  and  defectives — who  could  take  no  part  in  public 
affairs  without  doing  great  harm.  Democracy,  therefore,  means  not 
the  rule  of  all  the  people,  but  the  rule  of  the  political  people.  Who 
are  these  political  people?  Who  are  the  masters  of  government  in 
the  United  States? 

The  Elective  Franchise.  Since  it  is  impossible  for  every- 
hody  to  participate  in  the  management  of  public  affairs,  it 
has  been  found  necessary  to  grant  the  suffrage — that  is,  the 
elective  franchise,  or  the  privilege  of  voting — to  some 
classes  of  persons  and  to  withhold  it  from  other  classes. 
The  portion  of  the  population  to  whom  the  elective  fran- 
chise is  given  is  known  as  the  electorate.  Inasmuch  as 
democracy  has  always  been  a  powerful  and  persistent  force 
in  America,  the  electorate  has  from  the  beginning  of  our 
history  consisted  of  a  considerable  portion  of  the  popula- 
tion. Even  before  the  Revolution,  large  numbers  of  people 
in  every  colony  participated  in  government,  and  when  in- 
dependence was  declared  it  was  proclaimed  in  the  name  of 
the  people.  The  political  people,  however,  at  the  time  of 
the  Revolution  did  not  constitute  a  very  large  portion  of 
the  adult  population.  But  democracy  in  the  nineteenth 
century  made  wonderful  strides  and  the  electorate  assumed 
larger  and  larger  proportions.  By  1840  it  included  all 
white  male  adults,  and  by  1870  it  included  black  male  adults 
as  well.  Democracy  continued  to  gain  strength,  with  the 
result  that  by  1920  the  American  electorate,  now  including 
women  as  well  as  men,  had  become  a  stupendous  governing 
body  consisting  of  more  than  25,000,000  persons. 

10 


THE  MASTERS  OF  GOVERNMENT     11 


1790 


1840 


1870 


1920 


THE   GROWTH  OF  DEMOCRACY  IN  AMERICA 
(If  the  entire  circle  is  taken  as  representing  the  whole  population  of  voting 
age,    male   and   female,   foreign   and   native,    the   shaded   sector   represents   the 
portion  of   such   population   entitled   to   vote.) 


Qualifications  of  a  Voter.  Who  are  admitted  to  the  elec- 
torate and  who  are  excluded  from  it?  To  whom  is  the 
suffrage  granted  ?  The  right  to  vote  is  a  franchise  or  privi» 
lege  granted  to  such  citizens  as  are  deemed  worthy  of  pos- 
sessing it.     In  colonial  times  the  underlying  idea  was  that 


12  THE  AMERICAN  DEMOCRACY 

it  was  not  a  man's  education,  or  his  nationality,  or  his  age, 
or  his  character  that  entitled  him  to  vote,  but  his  property, 
and  in  most  of  the  colonies  the  property  had  to  be  land. 
After  the  Revolution,  however,  the  property  qualification 
was  gradually  removed.  At  the  present  time  the  qualifica- 
tions for  voting  relate  chiefly  to  age,  residence,  citizenship, 
education,  mental  or  moral  condition,  and  sex. 

In  all  the  States  the  age  qualification  for  voting  is  twenty- 
one  years ;  in  all  the  States  a  previous  residence  within  the 
State  varying  from  six  months  to  two  years  is  required ;  in 
all  the  States  a  voter  must  be  a  citizen  of  the  United  States, 
or  he  must  have  declared  his  intention  of  becoming  a  citi- 
zen; in  nearly  one  third  of  the  States  a  person  who  can 
not  read  or  write  is  denied  the  privilege  of  voting ;  in  nearly 
all  of  the  States  certain  classes  of  abnormal  persons,  such 
as  lunatics,  idiots,  and  criminals,  are  excluded  from  the 
privilege  of  voting ;  in  a  few  States  the  payment  of  a  poll 
tax  is  one  of  the  qualifications  for  voting. 

The  Ri^ght  of  Suffrage  Conferred  by  State  Authority. 

Authority  for  granting  the  suffrage  and  defining  the  quali- 
fications of  voters  resides  in  the  State.  This  power,  how- 
ever, is  restricted  (1)  by  the  Fifteenth  Amendment,  which 
declares  that  the  right  of  citizens  to  vote  shall  not  be 
abridged  by  any  State  on  account  of  race,  color,  or  previous 
condition  of  servitude  (159)  ;  and  (2)  by  the  Nineteenth 
Amendment,  which  states  that  the  right  of  citizens  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by 
any  State  on  account  of  sex  (164).  As  long  as  the  State 
does  not  violate  these  amendments,  it  is  free  to  regulate  the 
suffrage  in  its  own  way.  The  Fourteenth  Amendment  en- 
courages the  State  to  enfranchise  all  its  male  adult  citizens 
but  does  not  demand  their  enfranchisement.  It  provides 
that  when  the  right  to  vote  at  any  election  for  President 
or  Vice-President,  or  for  Representatives  in  Congress,  is 
denied  to  any  of  the  male  adult  citizens  of  a  State  other 


THE  MASTERS  OF  GOVERNMENT  13 

than  criminals,  the  basis  of  the  State's  representation  in 
Congress  may  be  reduced  in  the  proportion  that  the  number 
of  disfranchised  citizens  bears  to  the  whole  number  of  male 
adults  in  the  State  (154).  According  to  this  rule,  if  a 
State  with  twelve  Representatives  in  Congress  should  dis- 
franchise one  third  of  the  male  adult  citizens,  it  would  lose 
four  of  these  Representatives.  Its  ba^is  of  representation, 
however,  would  not  be  reduced  without  action  on  the  part 
of  Congress  (158). 

Equal  Suffrage.  The  most  significant  political  reform  of 
recent  times  has  consisted  in  extending  the  suffrage  to 
women  on  equal  terms  with  men.  In  the  later  years  of  the 
nineteenth  century  the  movement  on  behalf  of  equal  suf- 
frage resulted  in  securing  the  votes  for  women  in  Wyoming, 
Colorado,  Utah,  and  Idaho.  Women  were  now  going  out 
into  the  industrial  world,  working  and  struggling  as  men 
worked  and  struggled.  The  conditions  that  forced  them 
into  the  industrial  world  had  a  tendency  to  force  them  into 
the  political  world.  Accordingly,  in  the  opening  years  of 
the  twentieth  century  they  entered  upon  a  campaign  de- 
manding political  rights  with  an  insistance  never  before 
shown.  Their  efforts  were  rewarded  with  victory  after 
victory.  Before  the  second  decade  of  the  century  had  come 
to  an  end  a  constitutional  amendment  was  adopted  giving 
women  the  right  to  vote  throughout  the  length  and  breadth 
of  the  land.  By  this  time,  the  ballot  had  been  granted 
to  women  in  Great  Britain,  Germany,  Russia,  Norway, 
Sweden,  and  in  many  other  countries.  For  the  movement 
for  equal  suffrage  was  worldwide. 

Now  that  women  have  the  right  to  vote  it  is  their  cktrty 
to  vote.  A  woman  may  not  believe  in  equal  suffrage;  she 
may  regret  that  the  franchise  has  been  given  to  her  sex: 
but  this  makes  no  difference;  her  belief  and  her  feelings 
will  not  suffice  to  absolve  her.  Equal  suffrage  has  come  to 
stay,  and  with  it  has  come  a  new  duty  for  women.     Democ- 


14  THE  AMERICAN  DEMOCRACY 

racy  is  a  cause  that  is  fought  for  chiefly  with  ballots,  and 
if  women  are  to  do  their  part  in  upholding  the  cause  they 
must  be  present  at  the  polls  on  election  day. 

The  evidence  shows  that  women  may  be  relied  upon  to 
do  their  part.  Where  equal  suffrage  has  been  firmly  estab- 
lished it  has  justified  itself.  A  Senator  from  a  State  that 
has  had  equal  suffrage  for  a  long  time  says : ' '  I  do  not  know 
one  man  who  regards  suffrage  as  anything  else  than  good. 
We  feel  that  the  votes  of  our  women  is  valuable  to  us  in 
many  ways,  and  I  believe  that  fully  ninety  per  cent,  of  them 
vote.  Their  influence  has  compelled  both  parties  to  put  up 
good  men  as  candidates."  The  efforts  of  women  in  politi- 
cal matters  are  directed  largely  toward  the  affairs  of  the 
home  and  the  school  and  toward  the  accomplishment  of 
social  and  industrial  reforms,  the  very  field  of  reform  in 
which  so  much  is  to  be  done  and  in  which  the  influence  of 
women  is  most  needed. 

Duties  of  the  American  Voter.  The  American  voter  has 
been  called  an  ''uncrowned  king."  He  is  certainly  an 
officer  of  government,  for  he  is  a  member  of  the  electorate, 
or  the  governing  body,  which  consists  of  all  the  voters,  and 
which  possesses  supreme  political  power,  controlling  all  the 
governments,  federal  and  State  and  local.  When,  there- 
fore, the  voter  enters  the  polling-booth  and  presumes  to 
participate  in  the  business  of  government,  he  assumes  seri- 
ous responsibilities.  What  are  the  duties  of  a  voter  in  a 
self-governing  country?  If  an  intelligent  man  will  ask 
himself  this  question  and  refer  it  to  his  conscience,  as  well 
as  deliberate  upon  it  in  his  mind,  he  will  conclude  that  he 
ought  at  least  to  do  the  following  things : 

(1)  To  vote  whenever  it  is  his  privilege. 

(2)  To  try  to  understand  the  questions  upon  which  he 
votes. 

(3)  To  learn  something  about  the  character  and  fitness 
of  the  men  for  whom  he  votes. 

(4)  To  vote  only  for  honest  men  or  honest  women. 


THE  MASTEES  OF  GOVERNMENT     15 

(5)  To  support  only  honest  measures. 

(6)  To  give  no  bribe,  direct  or  indirect;  and  to  receive 
no  bribe,  direct  or  indirect. 

(7)  To  place  country  above  party. 

(8)  To  recognize  the  result  of  the  election  as  the  will  of 
the  people  and  therefore  as  the  law. 

Questions  on  the  Text 

1.  From  whom  is  the  elective  franchise  withheld?  Give  an  ac- 
count of  the  growth  of  the  American  electorate. 

2.  State  the  qualifications  usually  required  for  voting. 

3.  By  what  authority  is  the  suffrage  granted?  What  restrictions 
are  placed  on  the  State  in  the  matter  of  granting  the  suffrage? 

4.  Give  a  brief  account  of  the  movement  for  equal  suflfrage.  Why 
should  women  vote?  To  what  extent  are  women  attending  to  their 
political  duties? 

5.  Enimierate  the  duties  of  a  voter. 

Suggestive  Questions  and  Exercises 

1.  Get  a  copy  of  the  constitution  of  your  State  and  examine  it 
for  answers  to  the  following  questions:  (1)  What  is  the  qualifica- 
tion of  voters  as  to  age?  as  to  residence — (o)  in  the  State?  (&)  in 
the  county?  (c)  in  the  election  district?  as  to  sex?  as  to  education? 
as  to  the  payment  of  any  tax?  as  to  citizenship?  Can  an  alien  vote 
in  this  State?  (2)  What  special  immunities  have  voters  on  election 
day?  (3)  Are  absentees  allowed  to  vote?  (4)  What  persons  are 
disqualified  for  voting? 

2.  Are  the  qualifications  and  disqualifications  thus  mentioned  in 
the  State  constitution  all  just  and  proper?  If  not,  state  what 
changes  you  would  like  to  have  made. 

3.  After  careful  thought  state  the  arguments  for  and  against  an 
educational  qualification  for  voters;  for  and  against  compulsory 
voting. 

4.  Give  the  meaning  of  the  following  words:  elector^  resident,  irvr- 
habitant,  denizen,  alien,  citizen,  subject. 

5.  In  Massachusetts  voting  may  by  an  act  of  the  legislature  be 
made  compulsory.  Would  you  vote  for  or  against  a  bill  that  com- 
pelled citizens  to  vote? 

6.  Of  the  duties  of  the  voter  mentioned  in  the  last  section  of  this 
chapter  which  is  the  easiest  to  fulfil?  which  the  hardest?  which  is 
the  most  important? 

7.  It  has  been  proposed  that  before  a  person  is  allowed  to  vote  he 
should  be  required  to  pass  an  examination  in  the  subjects  of  History 
and  Civics.     Would  this  be  a  wise  regulation? 

8.  When  you  become  of  age  do  you  intend  to  vote?  What  per- 
sonal advantage  may  you  reap  from  voting?     State  the  losses  that 


16  THE  AMERICAN  DEMOCRACY 

society  would  sustain  if  you  should  be  deprived  of  your  vote.     Are 
you  now  qualified  to  cast  an  intelligent  vote? 

9.  Discuss  the  subject  of  equal  suffrage  from  the  standpoint  (a) 
of  justice;  (6)  of  women's  fitness  for  voting;  (c)  of  the  effect  upon 
politics;    (d)   of  the  effect  upon  social  conditions. 

Topics  fob  Special  Work 

1.  The  Extension  of  Democracy:  Dole,  87-102. 

2.  Political  Eights:  Abbott,  62-103. 

3.  The  Education  of  Voters:   Kaye,   118-126. 

4.  Women  and  the  Suffrage:   Jones,  232-236. 

5.  The  Responsibility  of  the  Voter:  Kaye,  126-128. 


Ill 

REPRESENTATIVE  GOVERNMENT 

The  electorate  of  a  nation,  or  of  a  State,  or  even  of  a  good-sized 
city,  is  of  course  vastly  too  large  to  assemble  at  one  place  and  make 
known  its  will.  How,  then,  can  the  voting  population  have  a  voice 
in  the  making  of  a  law,  or  take  part  in  the  management  of  public 
affairs?  The  answer  to  this  question  leads  to  the  consideration  of 
the  highly  important  subject  of  representative  government. 

Pure  and  Representative  Democracy.  When  the  business 
of  government  is  transacted  by  the  direct  action  of  the 
entire  electorate  we  have  a  perfect  or  pure  democracy.  In 
ancient  Greece,  where  the  states  were  very  small,  pure 
democracy  was  often  practicable.  For  example,  when 
Attica  wished  to  take  action  upon  an  important  question, 
all  her  citizens — her  carpenters,  weavers,  shoemakers,  mer- 
chants, lawyers,  poets,  generals,  philosophers — assembled  in 
the  agora,  or  market-place,  discussed  the  question,  and 
voted  upon  it.  The  citizens  of  Attica  numbered  hardly 
more  than  ten  thousand.  They  could  therefore  conven- 
iently govern  themselves  as  a  pure  democracy.  But  the 
will  of  a  nation  consisting  of  millions  of  people  can  not 
be  ascertained  in  this  way,  for  the  reason  that  the  whole 
body  of  citizens  can  not  meet  together  at  one  place.  Ac- 
cordingly, there  has  been  evolved  a  representative  democ- 
racy with  a  representative  government. 

A  representative  government  is  a  popular  government  in 
which  power  is  exercised  by  chosen  agents  (representatives) 
of  the  people,  instead  of  being  exercised  directly  by  the 
people  themselves  assembled  as  a  single  body.  A  country 
that  is  governed  by  representatives  elected  by  the  people  is 
a  representative  democracy  or  republic.  In  a  representative 
democracy  the  people  rule  no  less  than  in  a  pure  democ- 
racy, but  they  rule  indirectly. 

17 


18  THE  AMERICAN  DEMOCRACY 

Growth  of  Representative  Government.  The  first  lessons 
in  representative  government  were  taught  by  England. 
When  the  Anglo-Saxons  invaded  Britain  (449  a.  d.)  they 
settled  in  villages.  Soon  they  united  the  villages  into 
larger  political  associations,  known  as  hundreds.  This 
union  was  effected  in  the  following  way:  In  each  village 
four  discreet  men  were  chosen  to  attend  the  hundred  moot, 
or  meeting-place  of  the  hundred,  where  they  met  other  dis- 
creet men  from  the  other  villages  of  the  hundred.  The 
four  men  sent  to  the  hundred  moot  spoke  and  voted  for 
the  village  whence  they  came.  "Their  voice  was  its  voice, 
their  doings  its  doings,  their  pledge  its  pledge."  At  the 
hundred  moot  were  done  only  those  things  that  the  village 
could  not  do  for  itself.  Strife  between  village  and  village 
was  allayed;  appeals  were  heard;  judgment  in  the  weigh- 
tier cases  of  law  was  rendered.  All  matters  that  were 
purely  local  were  still  in  the  hands  of  the  little  home 
government,  the  village  moot.  The  central  authority  did 
not  destroy  local  self-government. 

The  union  of  villages  under  the  government  of  the  hun- 
dred pointed  the  way  to  the  formation  of  larger  unions. 
The  villages  also  sent  their  representatives  to  a  shire  moot, 
where  public  business  was  transacted  in  the  name  of  the. 
shire,  the  parent  of  the  modern  county.  The  organization 
of  the  shire  moot  was  the  model  for  a  national  moot,  and 
in  1265  the  nation,  through  its  representatives,  met  in  a 
council  at  Westminster,  two  representatives  from  each  shire 
attending.  Thirty  years  later,  in  addition  to  the  two  rep- 
resentatives of  the  shire,  two  citizens  from  each  city  and 
two  burgesses  from  each  borough  were  elected  to  the  na- 
tional council.  This  council,  consisting  of  representatives 
of  the  whole  body  of  the  English  people,  was  the  first 
English  Parliament. 

The    United   States    a    Representative    Democracy.    In 

America  the  representative  feature  in  government  has  been 
in  operation  from  the  very  beginning.     In  1619  Virginia 


REPEBSENTATIVE  GOVERNMENT  19 

had  the  honor  of  electing  the  first  representative  body  that 
ever  met  in  the  New  World.  In  New  England  the  local 
governments  were  conducted  as  pure  democracies,  but  in 
matters  of  general  concern  the  people  acted  through  their 
representatives.  Throughout  the  colonial  period  to  govern 
through  representatives  seemed  to  Americans  the  only 
natural  way  of  conducting  public  affairs.  Independence 
was  declared  by  representatives  of  the  colonies,  and  the 
Constitution  was  framed  by  representatives  of  the  States 
(130).  Thus  our  nation  began  its  existence  as  a  represen- 
tative democracy.  Generally  speaking,  government  in  the 
United  States  is  representative  in  all  its  grades  and  in  all 
its  branches.  Our  legislatures,  our  President,  our  govern- 
ors, our  mayors,  and  in  most  instances  our  judges,  are 
chosen  agents  of  the  people. 

Principles  of  Representation.  What  principles  shall  gov- 
ern in  the  choice  of  representatives?  Shall  a  representa- 
tive act  for  a  class,  for  an  interest,  for  a  locality,  or  for  all 
the  people  who  elect  him?  How  shall  representatives  be 
apportioned?  For  how  long  a  time  shall  a  representative 
retain  his  power  ?  These  questions  have  given  rise  to  many 
political  battles,  and  have  led  to  many  political  experiments. 
In  the  English  Parliament  for  a  long  time  manufacturing 
interests  were  represented  by  members  from  the  boroughs 
and  cities,  farming  interests  were  represented  by  members 
from  the  shires,  church  interests  by  the  bishops,  educational 
interests  by  members  from  the  universities,  the  noble  classes 
by  the  lords.  In  other  words.  Parliament  represented  only 
classes  and  interests.  With  the  rise  of  democracy  in  the 
nineteenth  century  the  system  of  government  by  classes  and 
interests  broke  down  in  England  and  elsewhere,  and  an 
officer  of  government  began  to  be  regarded  as  a  representa- 
tive of  all  the  people. 

For  the  law-making  branch  of  government  the  principle 
of  representation  according  to  number  was  adopted:  so 
many  people,  so  many  representatives.     In  order  that  the 


20  THE  AMERICAN  DEMOCRACY 

people  might  have  an  opportunity  of  choosing  new  agents 
and  instituting  new  policies  of  government,  the  term  of  the 
representative  was  limited  to  a  fixed  period  of  time.  An- 
other rule  that  was  quite  generally  observed  was  this:  the 
voters  chose  as  a  representative  one  who  resided  within  the 
district  in  which  the  vote  was  taken.  These  principles  of 
representation  are  applied  to  a  greater  or  less  extent  in  all 
countries  that  enjoy  free  government.  In  the  United 
States  they  are  applied  with  great  fidelity  in  all  the  grades 
of  government,  in  township  and  county  and  city  and  State 
and  nation.  The  principles  are  five  in  number,  and  may 
be  stated  as  follows : 

1.  A  representative  is  chosen  from  a  certain  district — a 
ward,  a  county,  a  Congressional  district,  a  State — and  he 
usually  must  be  a  resident  of  the  district  that  he  represents. 

2.  In  the  choice  of  representatives  the  principle  of  ma- 
jority rule  prevails;  but  if  there  are  more  than  two  can- 
didates for  an  office,  the  candidate  having  a  plurality  of 
votes  is  usually  declared  elected. 

3.  A  representative  acts  not  for  this  or  that  class,  or  for 
this  or  that  interest,  but  for  the  people  as  people. 

4.  Representatives  in  the  law-making  bodies  are  ap- 
portioned according  to  population :  so  many  people,  so  many 
representatives. 

5.  A  representative  is  chosen  for  a  fixed  definite  period 
of  time,  usually  a  short  period. 

Representation  of  the  Minority.  Very  often  the  existing 
methods  of  choosing  representatives  works  injustice  to 
minorities.  For  example,  at  a  Congressional  election  held 
in  Indiana  several  years  ago,  when  the  Democrats  cast  a 
total  vote  of  291,000  (round  numbers),  the  Republicans 
166,000,  the  Progressives  127,000,  the  Socialists  38,000,  and 
the  Prohibitionists  17,000,  it  happened  that  the  Democrats, 
having  a  plurality  in  every  district,  elected  every  one  of  its 
thirteen  Representatives  which  the  State  sent  to  Congress. 
The  other  parties,  therefore,  had  no  representation  what- 


REPRESENTATIVE  GOVERNMENT  21 

ever,  although  their  combined  vote  was  much  larger  than 
the  Democratic  vote.  To  secure  a  representation  of  the 
minority  many  devices  have  been  proposed  and  not  a  few 
tried.  The  plan  that  seems  to  have  found  most  favor  is 
the  Hare  system  of  proportional  representation.  This 
system  aims  to  give  to  each  political  party  or  group  a  rep- 
resentation proportional  to  the  number  of  votes  cast  by  the 
party  or  group,  regardless  of  whether  that  number  is  a 
majority  or  a  minority.  It  is  claimed  for  the  Hare  system 
that,  if  adopted,  it  would  reproduce  in  Congress,  in  State 
legislatures,  or  in  city  councils  the  opinions  and  interests 
of  voters  in  due  proportion ;  that  it  would  assure  to  all  ele- 
ments in  the  community  an  able  and  trusted  leadership; 
and  that  it  would  insure  the  rule  of  the  majority  and  at  the 
same  time  give  any  considerable  minority  party  a  fair  hear- 
ing. 

The  People  and  their  Representatives.  In  a  representative 
democracy,  government  on  election  day  passes  out  of  the 
hands  of  the  people  for  a  time  into  the  hands  of  their  chosen 
agents.  It  is  plain  that  these  agents  should  be  well  fitted 
for  their  tasks:  that  they  should  be  incorruptible  servants 
of  the  public;  that  they  should  be  statesmen,  not  dema- 
gogues; that  they  should  place  the  interests  of  their  coun- 
try and  of  their  constituents  above  their  own  personal  in- 
terests. It  is  equally  plain  that  the  success  of  democracy 
depends  upon  the  attention  which  the  people  give  to  the 
election  of  their  representatives  and  to  the  wisdom  they 
show  in  making  selections.  If  voters  cast  their  ballots  for 
the  unfit  and  the  dishonest,  if  they  fail  to  vote  down  the 
political  crook,  if  they  allow  the  demagogue  to  deceive  them 
and  throw  dust  into  their  eyes,  if  they  fail  to  make  known 
their  wishes  and  to  demand  that  their  representatives  act 
in  accordance  with  their  wishes,  then  sooner  or  later  repre- 
sentative government  will  surely  break  down.  And  the 
collapse  will  be  due  not  to  the  faults  of  the  representatives, 
but  to  the  people  themselves.     For  in  a   democracy  the 


22  THE  AMERICAN  DEMOCRACY 

character  of  the  government  depends  upon  the  voters  who 
control  it. 

We  scold  at  our  representatives,  but  this  is  a  vain  and 
foolish  thing  to  do,  for  our  representatives  are  one  with 
ourselves.  When  we  become  better  they  will  become  better. 
We  can  not  shift  responsibility  from  ourselves  to  our  rep- 
resentatives. Representation  is  a  political  device  of  great 
convenience,  but  it  can  not  work  political  magic.  It  can 
not  remove  the  burden  of  responsibility  from  the  shoulders 
of  the  individual.  When  we  assume  the  task  of  self-govern- 
ment we  assume  personal  duties  that  no  political  contriv- 
ance will  enable  us  to  escape. 

Questions  on  the  Text 

1.  Contrast  pure  with  representative  democracy. 

2.  Give  an  account  of  the  growth  of  representative  government  in 
England. 

3.  Give  an  account  of  the  growth  of  representative  government  in 
the  United  States. 

4.  State  five  principles  which,  in  the  United  States,  are  recognized 
in  matters  of  representation. 

5.  Show  that  majority  rule  sometimes  works  injustice  to  the  mi- 
nority.    What  are  the  aims  of  proportional  representation? 

6.  What  are  the  duties  of  the  people  in  regard  to  the  matter  of 
representation?  Show  that  constituents  and  representatives  are 
usually  alike. 

Suggestive  Questions  and  Exercises 

1.  Explain  this  sentence:  "The  United  States  is  a  representative 
democratic  republic." 

2.  Distinguish  between  a  "delegate"  and  a  "representative." 

3.  What  qualities  are  developed  in  the  citizen  of  a  pure  democ- 
racy? Which  is  better  for  the  individual,  a  direct  or  indirect  de- 
mocracy ? 

4.  In  some  places  local  affairs — especially  school  affairs — are 
managed  by  the  people  meeting  together  and  acting  as  a  pure  de- 
mocracy.    State  the  advantages  and  disadvantages  of  this  custom. 

5.  In  England  voters  sometimes  choose  as  a  representative  one 
who  does  not  reside  among  themselves.  Give  reasons  for  and  against 
such  a  custom.  Do  you  think  that  residence  among  his  constituents 
is  an  absolutely  necessary  qualification  for  a  representative? 

6.  Arrange  the  following  forms  of  government  according  to  their 
merit,  placing  the  best  first,  and  give  reasons  for  your  arrangement: 
oligarchy,  absolute  monarchy,  representative  democracy,  aristocracy, 
anarchy,  pure  democracy,  limited  monarchy. 


REPRESENTATIVE  GOVERNMENT  23 

7.  Answer  the  following  questions  with  reference  to  the  relations 
that  should  exist  between  a  representative  and  his  constituents: 
Under  what  circumstances  will  a  representative  be  justified  in  op- 
posing the  wishes  of  the  people  who  elected  him?  If  the  wishes  of 
the  voters  change  after  election,  should  the  representative  act  ac- 
cording to  the  changed  views  of  his  constituents?  Should  the  repre- 
sentative under  all  circumstances  act  according  to  his  own  judgment? 
Should  he  abide  by  the  promises  made  before  his  election?  Should 
he  resign  if  his  views  do  not  accord  with  the  views  of  his  constitu- 
ents? When  a  representative  is  instructed  by  his  constituents  as  to 
a  course  of  action,  should  he  obey  the  instructions? 

8.  Among  the  cities  that  have  adopted  the  plan  of  proportional 
representation  are:  Ashtabula,  in  Ohio,  Sacramento,  in  California, 
and  Boulder,  in  Colorado.  If  you  are  interested  in  proportional 
representation,  address  a  letter  to  the  mayor  of  one  of  these  cities, 
requesting  him  to  send  you  an  account  of  the  practical  working  of 
proportional  representation. 

9.  What  European  countries  have  adopted  proportional  repre- 
sentation ? 

10.  In  one  of  our  cities  the  teachers  are  demanding  the  right  to 
choose  one  of  their  number  to  represent  them  on  the  school  board, 
the  one  chosen  to  act,  not  in  the  name  of  the  people  at  large,  but 
in  the  interests  of  teachers  as  teachers.  What  do  you  think  of  a 
system  of  representation  that  is  based  on  the  interests  of  classes 
rather  than  on  the  interests  of  a  whole  body  of  constituents?  If 
such  a  system  were  adopted  in  your  city  what  five  or  six  leading 
classes  of  interests  would  demand  representation? 

11.  In  some  of  the  States  the  rule,  "so  many  people,  so  many  rep- 
resentatives," is  not  strictly  adhered  to.  Is  it  strictly  adhered  to  in 
this  State?  Has  any  attempt  been  made  in  this  State  to  give  repre- 
sentation to  the  minority? 

12.  Plurality;  Second  Election.  If  in  a  contest  for  office  A  receives 
5,000  votes,  B  4,000,  and  C  3,000,  there  is  no  majority,  yet  in  most 
States  A  is  declared  elected  because  he  receives  a  plurality.  Should 
the  will  of  the  plurality  rule? 

In  some  countries,  when  there  is  a  contest  in  which  three  or  more 
candidates  take  part  with  the  result  that  no  person  receives  a  ma- 
jority of  the  votes,  a  second  election  is  held,  the  candidates  being  the 
two  persons  who  received  the  greatest  number  of  votes  at  the  first 
election.  State  the  arguments  for  and  against  the  second-election 
plan. 

Topics  for  Special  Wobk 

1.  The  New  Democracy:   Johnson,  355-362. 

2.  Representative  Government:   Dole,  174-183;  Gettell,  316-317. 

3.  Distinction  between  Democracies  and  Republics :  Johnson,  55-56. 

4.  The  Nature  of  Representation:  Johnson,  56-58. 

5.  Minority  Representation:   Gettell,  322-325. 

6.  False  Leaders:  Abbott,  301-312. 


IV 

'* CHECKS  AND  BALANCES'^ 

For  the  successful  operation  of  our  political  machinery  we  have 
adopted  a  nicely  contrived  series  of  devices  for  regulating,  balancing, 
and  checking  power.  In  this  chapter  we  shall  study  the  workings  of 
this  system  of  "checks  and  balances." 

How  the  Power  of  Government  is  Separated.  When  the 
voters  transfer  their  power  to  representatives,  they  do  not 
bestow  upon  one  person  or  upon  one  body  of  persons  all  the 
power  they  have  to  give.  To  lodge  supreme  authority  in 
one  person  might  result  in  erecting  a  despotism  over  the 
heads  of  the  people.  Hence  Americans  have  taken  great 
precautions  to  defend  themselves  from  abuses  that  might 
arise  from  the  consolidation  of  power.  In  setting  up  their 
political  machinery  they  have  made  use  of  a  remarkable 
series  of  devices  for  regulating,  balancing,  and  checking 
power.  They  have  divided  governmental  power  into  three 
portions  and  have  established  three  departments  of  govern- 
ment, to  each  of  which  they  have  allotted  certain  peculiar 
powers.  These  departments  are:  (1)  the  legislative  de- 
partment, upon  which  is  conferred  the  power  of  making 
laws;  (2)  the  executive  department,  which  is  vested  with 
the  power  of  carrying  laws  into  effect ;  and  ( 3 )  the  judicial 
department,  which  is  intrusted  with  the  power  of  deciding 
how  the  law  shall  apply  in  particular  cases  when  disputes 
arise. 

Development    of    the    Three-Department    System.    The 

American  system  of  separating  power  and  causing  it  to 
flow  in  three  channels  is  an  outgrowth  of  English  experi- 

24 


'^CHECKS  AND  BALANCES"  25 

ence.  In  the  early  history  of  England  the  folk  moot  exer- 
cised legislative,  judicial,  and  executive  powers;  but  along 
with  the  development  of  representative  government  there 
was  developed  a  system  of  distributing  the  powers  to  three 
great  departments.  Parliament  confined  itself  chiefly  to 
making  laws,  a  class  learned  in  the  law  acted  as  judges,  and 
the  king  carried  the  law  into  effect.  The  lines  that  divided 
the  three  departments  were  not  always  clear,  and  one  de- 
partment frequently  encroached  upon  another.  In  the 
seventeenth  century  a  king  (James  I)  ventured  to  sit  on 
the  bench  as  a  judge,  but  his  conduct  was  universally  con- 
demned. The  protest  that  arose  against  the  encroachment 
of  James  shows  that  Englishmen  by  this  time  had  learned 
to  draw  the  lines  that  should  separate  the  departments,  and 
in  the  struggle  that  followed  it  was  settled  that  these  lines 
should  not  be  blurred  or  effaced.  In  1765  the  most  cele- 
brated expounder  of  English  law  (Blackstone)  could  say 
that  in  England  the  three  departments  of  government  were 
separate  and  distinct. 

The  American  colonists  conducted  public  affairs  after 
the  English  fashion,  making  use  of  the  three-department 
plan,  and  when  the  founders  of  the  Republic  arranged  for 
a  new  political  system  they  based  it  upon  the  principle  of 
the  separation  of  power,  keeping  the  lines  of  cleavage  dis- 
tinct and  clear.  They  took  great  care  that  judges  should 
do  only  the  work  of  judges,  that  legislatures  should  only 
make  laws,  and  that  executives  should  be  concerned  only 
with  the  carrying  out  of  laws;  and  they  placed  around 
each  department  effective  barriers  against  encroachment  by 
the  other  departments.  And  the  policy  of  the  Fathers  has 
been  continued  to  the  present  time.  In  the  governments 
of  the  States,  as  well  as  in  the  government  of  the  nation, 
three  departments  are  always  in  operation,  each  doing  a 
work  that  is  peculiarly  its  own. 

The  Legislature.  The  most  powerful  and  in  some  respects 
the  most  important  department  is  the  legislature.     In  the 


26  THE  AMERICAN  DEMOCRACY 

United  States  it  is  a  general  rule  that  the  legislative  depart- 
ment shall  consist  of  representatives  elected  by  the  people 
for  short  terms.  The  legislature  rarely  sits  in  continuous 
session,  but  adjourns  and  disperses  as  soon  as  the  necessary 
laws  have  been  passed.  Every  subject  relating  to  the 
safety,  welfare,  and  progress  of  society  may  come  within 
the  scope  of  legislative  action. 

One  of  the  most  important  powers  of  the  legislature  is 
to  provide  money,  by  means  of  taxes,  for  the  support  of 
government.  The  American  Revolution  hinged  chiefly 
upon  the  subject  of  taxation,  and  the  outcome  of  that 
struggle  confirmed  the  principle  that  in  America  there  can 
be  no  taxation  without  either  the  personal  consent  of  the 
people  or  the  consent  of  their  representatives  in  the  legis- 
lature. The  fact  that  government  must  receive  its  revenue 
through  the  consent  of  the  legislature  gives  to  that  branch 
large  powers  of  control  over  the  operations  of  the  other  two 
branches,  for  without  money  no  department  can  effectively 
exercise  its  powers. 

At  the  present  time  the  legislature  of  the  nation  (Con- 
gress) and  the  legislatures  of  the  States  consist  of  two 
branches,  an  upper  and  a  lower  house.  The  upper  house 
— nearly  always  called  the  Senate — usually  consists  of 
members  who  are  older  than  members  of  the  lower  house, 
and  who  are  elected  for  longer  terms.  The  lower  house  is, 
on  an  average,  about  three  times  as  large  as  the  upper 
house.  A  measure  must  pass  both  houses  before  it  becomes 
a  law. 

Why  is  it  necessary  to  have  two  separate  bodies  of  men  to 
pass  a  law?  Experience,  which  has  taught  us  so  much 
about  government,  seems  to  decide  in  favor  of  two  houses. 
Legislatures  of  a  single  house  have  been  tried,  and  it  has 
been  found  that  they  do  not  always  act  with  sufficient  delib- 
eration. An  anecdote  related  of  Washington  teaches  very 
well  the  advantage  of  having  two  houses:  Jefferson  once, 
while  dining  with  Washington,  attacked  the  bicameral  sys- 
tem as  being  clumsy  and  mischievous.    Washington   de- 


'^CHECKS  AND  BALANCES''  27 

fended  the  American  plan.  *'You  yourself,"  he  said, 
''have  proved  the  excellence  of  two  houses  this  very  mo- 
ment." ''I?"  said  Jefferson.  ''How  is  that,  General?" 
"You  have,"  replied  Washington,  "turned  your  hot  tea 
from  the  cup  into  the  saucer  to  get  it  cool.  It  is  the  same 
thing  we  desire  of  the  two  houses."  When  a  law  must 
pass  in  two  branches  there  is  an  opportunity  for  that  sober 
second  thought  which  is  so  valuable  in  every  sphere  of 
action. 

The  Judiciaxy.  Violations  of  law  will  occur;  disputes 
will  arise  between  men  as  to  their  rights  under  the  law; 
questions  as  to  the  meaning  and  scope  of  a  law  will  be 
raised.  The  power  of  trying  offenders,  and  of  settling 
controversies  between  contending  parties,  and  of  inter- 
preting the  meaning  of  the  law  is  lodged  with  the  judicial 
branch.  The  work  of  the  judge  is  confined  to  the  cases 
that  are  brought  before  him.  If  no  cases  are  brought, 
then  he  has  nothing  to  do.  The  judges  are  usually 
chosen  by  the  people,  although  they  are  sometimes  ap- 
pointed, either  by  the  executive  or  by  the  legislature.  His- 
torically they  are  really  representatives  of  the  people,  for 
they  pronounce  the  justice  that  was  originally  dispensed 
by  a  popular  assembly.  It  has  become  the  practice  of  all 
nations  to  select  for  the  judiciary  men  who  are  skilled  in 
the  law,  and  who  by  temperament  and  character  are  com- 
petent to  render  just  and  lawful  decisions. 

The  Executive.  The  enforcement  of  the  laws  made  by  the 
legislature,  and  the  decisions  made  by  the  judiciary,  and 
the  preservation  of  peace  and  order  are  the  functions  of 
the  executive  branch.  In  this  department  reposes  the 
physical  force  of  the  state.  The  executive  has  at  its  com- 
mand armies  and  navies,  and  will  use  them  if  necessary. 
In  republics  the  chief  executive  officers  are  elected  by  the 
people.  Executive  power  in  modern  times  is  usually 
vested  in  one  person — a  president,  a  governor,  a  mayor, 
a  prince,  a  king,  an  emperor.     The  executive  frequently 


28  THE  AjMERICAN  DEMOCRACY 

has  the  power  of  veioing  an  act  of  the  legislature,  but  the 
veto  usually  can  be  overcome  by  a  two-thirds  vote.  The 
veto  power  is  plainly  a  legislative  power. 

Independence  of  the  Departments.  Under  our  system  each 
of  the  departments  is  quite  absolute  in  its  sphere,  and  quite 
independent  of  the  other  two  departments.  If  one  depart- 
ment seems  to  another  department  to  be  going  wrong,  the 
latter  will  refuse  to  cooperate  with  the  former,  and  thus 
obstruct  its  action.  Thus  if  the  legislature  passes  an  act 
which,  in  the  distribution  of  powers,  the  judiciary  thinks 
it  has  no  right  to  pass,  the  judiciary  may  hold  the  act  to  be 
null  and  void  as  soon  as  a  dispute  arising  under  the  act  is 
brought  before  it.  If  the  judiciary  presumes  to  exercise 
powers  that  do  not  properly  belong  to  it,  the  legislature 
may  by  appropriate  laws  check  the  usurpation.  If  the 
executive  goes  strongly  counter  to  the  wishes  of  the  legis- 
lature, the  latter  may  refuse  to  vote  the  money  that  is 
nocensary  to  conduct  executive  business  and  thus  stop  the 
wheels  of  government.  Thus  by  a  system  of  nicely  balanced 
powers  and  effective  checks  the  independence  of  each  de- 
partment is  secured. 

The  maintenance  of  this  system  of  "checks  and 
balances"  is  a  perpetual  task  of  citizenship.  If  the  peo- 
ple are  not  vigilant,  one  department  will  encroach  upon 
another  and  gather  to  itself  power  that  does  not  rightly 
belong  to  it.  "The  spirit  of  encroachment,"  said  Wash- 
ington, "tends  to  consolidate  the  powers  of  all  the  depart- 
ments in  one,  and  thus  to  create,  whatever  the  form  of 
government,  a  real  despotism."  As  long  as  human  nature 
remains  what  it  is,  this  "spirit  of  encroachment"  will  be 
present;  it  grows  out  of  man's  inborn  love  of  power. 
Grant  to  a  man  a  certain  amount  of  power,  and  immediately 
he  craves  a  larger  amount.  This  disposition  of  one  de- 
partment to  encroach  upon  another  can  never  be  smothered, 
but  it  can  be  effectually  resisted.  When  one  branch  en- 
croaches upon  another  and  usurps  its  power,  it  does  so 


''CHECKS  AND  BALANCES''  29 

simply  by  the  natural  operation  of  a  superior  force,  and 
there  is  only  one  power  that  can  check  the  usurpation — the 
people  themselves:  the  voters  can  restore  the  balance  by 
refusing  to  elect  usurpers. 

Although  this  independence  of  the  departments  is  a 
cherished  feature  of  American  government,  the  system 
nevertheless  has  some  drawbacks  and  disadvantages. 
Sometimes  one  department  by  asserting  its  independence 
obstructs  the  workings  of  the  entire  political  machine,  with 
the  result  that  the  government  is  robbed  of  its  strength  and 
efficiency.  So  far  is  this  true  that  many  students  of 
political  science  have  come  to  believe  that  we  shall  sooner 
or  later  be  compelled  to  abandon  the  old  plan  of  separating 
power  and  substitute  a  system  under  which  power  is  more 
fully  centralized  and  consolidated.  This  view  has  already 
found  expression  in  those  cities  organized  under  the  com- 
mission system  (p.  208),  where  executive  and  legislative 
powers  are  blended  in  one  body.  Moreover,  in  several 
States  serious  attempts  have  been  made  to  lodge  the  execu- 
tive and  legislative  power  of  the  State  in  a  single  body,  and 
thus  to  establish  in  the  State  a  form  of  government  re- 
sembling the  commission  system. 

Questions  on  the  Text 

1 .  Name  the  three  departments  of  government,  and  state  the  func- 
tion of  each. 

2.  Give  an  account  of  the  growth  of  the  three-department  system 
in  England. 

3.  To  what  extent  has  governmental  power  been  separated  in  the 
United  States? 

4.  What   are  the  powers  of  the  legislature? 

5.  Into  what  two  branches  is  the  legislative  department  divided? 
Why  has  it  been  thought  wise  to  adopt  the  bicameral  system? 

6.  What  powers  are  vested  in  the  judiciary? 

7.  What  are  the  powers  of  the  executive  department?  What  are 
the  titles  of  some  of  the  chief  executive  officers? 

8.  Explain  how  one  department  may  maintain  its  independence 
with  respect  to  the  other  two. 

9.  Why  is  one  department  likely  to  attempt  encroachment  upon 
another?     Can  such  encroachment  be  prevented? 

10.  What   are   some  of  the  drawbacks  and   disadvantages  of  the 


30  THE  AMERICAN  DEMOCRACY 

three-department  system?  What  reform  in  connection  with  the  sys- 
tem has  been  proposed? 

Suggestive  Questions  and  Exercises 

1.  If  power  must  consolidate,  in  which  branch  do  you  prefer  that 
it  gather?     Give  reasons. 

2.  Name  some  of  the  great  law-givers  of  history;  some  of  the 
great  executive  geniuses. 

3.  Contrast  the  qualities  that  are  desirable  in  a  law-maker  with 
those  that  are  desirable  in  an  executive  officer. 

4.  Make  out  a  list  containing  the  names  of  every  public  official 
whom  you  are  personally  acquainted  with,  and  tell  with  what  depart- 
ment each  person  is  connected. 

5.  In  the  government  of  yourself  you  are  actuated  by  conscience, 
by  judgment,  and  by  will.  To  which  of  the  three  departments  may 
your  conscience  be  likened?  your  judgment?  your  will? 

6.  Professor  W.  B.  Munro  says:  "It  would  appear,  therefore, 
,that  division  of  powers  is  not  needed  by  the  States  in  the  interest 

of  safety,  that  it  is  the  mainspring  of  clouded  responsibility  and  the 
absence  of  vigorous  leadership  in  government,  that  it  has  been 
blindly  carried  to  an  extreme  in  the  decentralizing  of  executive 
power,  and  that  it  should  give  place  to  some  plan  of  concentrated 
authority."  Is  this  observation  pertinent  to  the  conditions  that 
exist  in  your  State?  Is  the  three-department  system  working  badly 
in  your  State?  Is  there  any  sentiment  in  your  State  in  favor  of 
concentrating  power  in  the  manner  referred  to  in  the  last  paragraph 
of  this  chapter?  How  did  the  three-department  system  operate  when 
it  became  desirable  for  us  to  make  peace  with  Germany  after  the 
conclusion  of  the  Great  War? 

7.  State  to  which  of  the  three  departments  of  government  the 
following  functions  should  be  assigned:  (a)  the  bombardment  of  a 
city  by  a  fleet;  (&)  the  sale  of  property  for  debt;  (c)  the  execution 
of  a  murderer;  (d)  the  sentencing  of  a  thief;  (e)  the  ordering  of 
taxes  to  be  collected;  (/)  the  collection  of  taxes;  (g)  the  dispersal 
of  a  mob;  (h)  the  muzzling  of  dogs;  (t)  the  declaration  of  war; 
ij)  the  arrest  of  a  man  for  disorderly  conduct;  (k)  the  construction 
of  a  bridge;  (I)  the  regulation  of  the  descent  of  property;  {."h)  the 
settling  of  a  dispute  between  the  heirs  of  an  estate;  (n)  the  regu- 
lation of  the  speed  of  automobiles;  (o)  the  determination  of  dam- 
ages for  injuries  received  in  an  automobile  accident. 

Topics  for  Special  Work 

1.  The  Doctrine  of  the  Separation  of  Power:  Johnson,  59-62. 

2.  Evolution  of  the  Separation  of  Powers:  Gettell,  327-328. 

3.  Checks  and  Balances  in  the  United  States  Government:  Gettell, 

332-336. 

4.  The  Legislature:  Gettell,  341-362. 

5.  The  Separation  of  Powers:  Beard,  152-155. 


CONSTITUTIONAL  GOVERNMENT 

Three  of  the  great  principles  underlying  the  American  government 
have  now  been  explained:  it  has  been  learned  that  our  country  is  a 
democracy  resting  upon  the  will  of  an  electorate  consisting  practi- 
cally of  the  whole  body  of  the  adult  population ;  that  the  people  gov- 
ern through  their  chosen  representatives;  that  the  powers  of  gov- 
ernment are  distributed  to  three  separate  classes  of  officials.  A 
fourth  principle  is  this:  In  the  United  States,  government  is  con- 
ducted according  to  the  words  of  written  documents,  called  consti- 
tutions.    That  is  to  say,  we  have  a  constitutional  government. 

Colonial  Charters.  Americans  from  the  beginning  have 
been  accustomed  to  the  written  word  for  guidance  and  con- 
trol in  public  affairs.  Each  colony  had  a  written  charter, 
which  described  the  kind  of  government  it  was  to  have  and 
the  privileges  it  was  to  enjoy.  The  colonial  charters, 
whether  granted  directly  by  the  English  King — as  most  of 
them  were — or  prepared  by  the  people  themselves,  were 
held  in  the  highest  esteem  by  the  colonists.  A  colony  looked 
upon  its  charter  as  the  written  guaranty  of  its  liberties, 
much  as  an  owner  of  property  looks  upon  his  deed  as  giv- 
ing him  title  to  his  home  or  farm.  When  the  King  or  his 
officers  became  oppressive  or  unjust,  the  people  would 
point  to  their  charter  as  their  defense.  Since  the  char- 
ters were  not  all  alike,  the  several  governments  of  the 
colonies  differed  from  one  another;  but  since  the  charters 
were  all  of  English  origin,  and  since  the  laws  of  England 
applied  to  all  the  colonies  alike,  the  government  of  one 
colony  could  not  differ  widely  from  that  of  another. 

Constitutions.  When  the  colonies  separated  from  Great 
Britain  and  became  independent  States,  the  old  charters 
of  course  lost  their  validity,  for  there  was  no  king  to  stamp 

31 


S2  THE  AMERICAN  DEMOCRACY 

them  with  authority.  The  people  saw  at  once  that  they 
must  be  their  own  king  and  make  their  own  charters.  As 
rapidly  as  possible,  each  of  the  new  States  drew  up  for 
itself  a  charter  which  recognized  the  people  as  the  source 
of  authority  in  government.  A  new  name  was  given  to  this 
new  instrument.  Instead  of  its  being  called  a  charter,  it 
was  called  a  constitution.  This  constitution  was  to  be  the 
foundation  plan  and  framework  upon  which  the  govern- 
mental structure  was  to  be  built.  Of  course,  each  new 
constitution  was  similar  to  the  charter  it  supplanted.  For 
a  State  to  plan  a  government  entirely  unlike  the  one  to 
which  the  people  were  accustomed  would  have  been  to  com- 
mit a  grave  political  error.  A  government  that  is  new  and 
strange  is  not  likely  to  receive  the  confidence  and  respect 
of  the  people,  no  matter  how  wise  and  beneficent  may  be 
its  provision.  The  statesmen  of  1776,  therefore,  made  the 
new  State  constitutions  conform  as  closely  as  possible  to 
the  colonial  charters.  Connecticut  and  Rhode  Island  ex- 
perienced no  change  at  all  in  passing  from  colony  to 
State.  They  simply  substituted  the  word  ''people"  for 
the  word  ''king"  in  their  charters,  and  these  became  their 
constitutions. 

After  they  had  established  their  independence,  the 
States  found  that  it  was  necessary  to  unite  and  form  a 
central  government.  The  powers  of  this  central  govern- 
ment were  expressed  in  the  Constitution  of  the  United 
States.  The  history  and  nature  of  this  great  document 
will  be  given  hereafter.  It  is  sufficient  here  to  say  that  the 
Constitution  ^  of  the  United  States  is  our  fundamental  law. 
We  have  had  occasion  to  refer  to  it  heretofore,  and 
throughout  our  work  we  shall  refer  to  it  constantly,  and 
as  we  advance  we  shall  learn  more  and  more  of  its  author- 
ity and  influence  in  our  political  life. 

Each  of  the  States  that  have  been  admitted  into  the 
Union  under  the  Constitution  (118)  has  followed  the  ex- 

1  In  this  book  when  the  word  constitution  begins  with  A  capital  letter  the 
Oonstitution  of  the  United  States  is  meant. 


CONSTITUTIONAL  GOVERNMENT  33 

ample  of  the  original  States,  and  has  framed  a  constitu- 
tion for  itself.  Every  State,  therefore,  and  the  United 
States  as  well,  has  a  written  constitution  as  its  fundamen- 
tal law.  Every  American  citizen,  therefore,  lives  under 
two  constitutions.  Cities  likewise  are  governed  by  char- 
ters (p.  65),  which  in  some  respects  are  like  written  con- 
stitutions. Thus  government  in  America  is  everywhere  con- 
ducted according  to  the  written  word;  it  is  everywhere  con- 
stitutional. 

How  Constitutions  Obtain  Their  Authority.  The  first 
American  constitutions  were  promulgated  in  the  name  of 
the  people;  yet  they  were  not,  as  a  rule,  the  direct  crea- 
tions of  the  people.  The  statesmen  of  1776  did  not  have  a 
very  strong  faith  in  democracy,  and  were  not  quite  willing 
to  submit  a  fundamental  law  to  a  popular  vote.  As 
democracy  grew  more  fashionable,  however,  and  as  the 
people  came  to  be  more  fully  recognized  as  the  real  mas- 
ters of  government,  the  custom  of  submitting  constitutions 
to  voters  for  their  approval  became  general.  At  the  pres- 
ent time  a  constitution  is  usually  ratified  by  the  people 
at  the  polls  before  it  is  put  into  operation.  This  popular 
ratification  clothes  the  constitution  with  all  the  authority 
that  a  law  can  possibly  have,  for  it  is  a  law  passed  by  the 
people  themselves  acting  as  legislators.  A  constitution, 
therefore,  is  a  solemn  and  deliberate  expression  of  the 
popular  will,  and  as  such  it  is  a  fixed,  permanent  law 
which  all  the  branches  of  a  government  must  obey.  If 
the  legislature  should  pass  a  law  conflicting  with  the  pro- 
visions of  the  constitution,  such  a  law  would  cease  to  have 
effect  if  it  should  be  tested  in  the  courts  and  should  be 
declared  unconstitutional;  and  if  a  judge  or  the  executive 
should  act  in  violation  of  the  constitution,  such  action 
would  be  illegal  and  possibly  punish-ahle. 

Outline  of  a  Tjrpical  Constitution.  If  all  the  American 
constitutions  were  brought  together  and  printed  in  a  single 


34  THE  AMERICAN  DEMOCRACY 

book  they  would  make  an  enormous  volume.  It  is  im- 
possible, therefore,  for  the  detailed  provisions  of  the  con- 
stitutions to  appear  in  a  treatise  like  this.  It  is  worth 
while,  however,  to  call  attention  to  the  broad  features  of  a 
constitution.  The  strong  resemblance  that  the  forty- 
eight  constitutions  of  the  States  bear  to  one  another  and  to 
the  Constitution  of  the  United  States  makes  it  possible  to 
describe  all  in  outline  by  describing  one  in  outline.  The 
essentials  of  a  constitution  are: 

(1)  A  brief  preamble  (1)  stating  the  general  purpose 
for  which  the  government  is  instituted. 

(2)  A  hill  of  rights f  guaranteeing  to  the  people  dem- 
ocratic principles  of  government,  personal  security,  the 
rights  of  life  and  property,  freedom  of  conscience,  free- 
dom of  N  speech  and  of  the  press,  and  other  fundamental 
rights  of  citizenship. 

(3)  Provisions  for  the  organization  of  the  three  depart- 
ments of  government,  and  a  description  of  the  powers  to  be 
exercised  by  each. 

(4)  Miscellaneous  pr^isions  relating  to  such  topics  as 
the  suffrage,  elections,  local  government,  taxation,  the  pub- 
lic debt,  corporations,  transportation,  education,  labor,  com- 
merce, and  industry. 

(5)  Provisions  for  amendment  and  revision. 

(6)  A  schedule  describing  how  and  when  the  constitution 
shall  go  into  effect. 

Amendments  and  Revision  of  Constitutions.    Of  all  the 

provisions  in  a  constitution,  the  most  important,  perhaps, 
is  the  one  relating  to  amendments  and  revisions.  For, 
although  a  constitution  is  a  fixed,  unchanging  law,  it  may 
not  remain  unchanged  and  unchangeable  forever.  A  pro- 
vision in  a  constitution  that  was  wise  and  just  fifty  years 
ago  may  be  harmful  now.  Every  constitution  recognizes 
this  fact,  and  provides  for  making  changes  when  these  may 
seem  necessary.  These  changes,  or  amendments,  are 
effected  in  various  ways,  the  usual  procedure  being  as  fol- 


CONSTITUTIONAL  GOVERNMENT  35 

lows :  ^  the  amendment  that  is  thought  to  be  desirable  first 
passes  the  legislature  of  the  State  and  is  then  submitted  to 
the  people  for  their  approval.  If  it  receives  the  required 
number  of  votes  it  becomes  a  part  of  the  constitution.  An 
amendment,  it  will  be  seen,  is  simply  a  law  passed  by  the 
people  and  placed  in  the  constitution;  but  it  is  a  law  that 
cannot  be  repealed  by  the  legislature. 

Constitutions  provide  not  only  for  their  own  amend- 
ment, but  also  for  their  own  complete  revision.  They  pro- 
vide for  the  calling  of  a  constitutional  convention,  which 
shall  have  power  to  revise  the  old  constitution  and  frame  a 
new  one.  A  general  revision  of  a  State  constitution  is 
usually  accomplished  in  the  following  way :  The  legislature 
submits  to  the  people  the  question  whether  or  not  a  con- 
vention shall  be  called  to  frame  a  new  constitution.  In 
several  States  this  question  must  be  submitted  to  the  voters 
every  twenty  years ;  in  Michigan  it  must  be  submitted  every 
sixteen  years;  in  Iowa  every  ten  years.  If  the  vote  is  in 
favor  of  a  convention,  delegates  are  elected,  and  the  work 
of  revision  begins.  It  is  the  custom  to  submit  the  revised 
constitution  to  the  people  for  their  approval,  although  this 
is  not  always  done. 

In  the  power  of  amendment  resides  the  means  of  mak- 
ing in  a  peaceful  and  regular  manner  any  kind  of  change 
that  the  people  may  desire;  for  it  is  a  power  that  is  un- 
restricted and  unlimited.  Through  it  great  and  radical 
reforms  may  be  achieved  without  violence  or  social  up- 
heaval. True,  a  constitution  cannot  be  suddenly  altered. 
A  year  or  two,  at  least,  must  elapse  before  a  proposed 
change  can  be  fully  effected.  This  delay  has  its  disad- 
vantages, but  upon  the  whole  it  results  in  good.  It  gives 
time  for  discussion  and  reflection.  A  constitution  would 
not  be  worthy  of  its  name  if  caprice  or  passion  could 
change  it  in  a  day. 

1  In  a  number  of  States  amendments  are  secured  through  the  operation  of 
the  initiative  and  referendum  (p.  157).  For  the  method  of  amending  the 
Constitution  of  the  United  States  see  page  152. 


36  THE  AMERICAN  DEMOCRACY 

If  citizens  believe  that  their  State  constitution  or  the 
Constitution  of  the  United  States  stands  in  the  way  of 
reform  or  prevents  their  representatives  from  doing  some- 
thing that  in  justice  ought  to  be  done,  they  should  be 
quick  to  use  the  power  of  amendment.  For  constitutions 
ought  to  respond  to  social  needs  and  aspirations.  "Some 
men,"  says  Thomas  Jefferson,  "look  at  constitutions  with 
sanctimonious  reverence,  and  deem  them,  like  the  ark  of 
the  covenant,  too  sacred  to  be  touched.  But  I  know  that 
laws  and  institutions  must  go  hand  in  hand  with  the  prog- 
ress of  the  human  mind.  As  that  becomes  more  de- 
veloped, more  enlightened,  as  new  discoveries  are  made, 
new  truths  disclosed,  and  manners  and  opinions  change 
with  the  change  of  circumstances,  institutions  must  ad- 
vance also  and  keep  pace  with  them." 

Questions  on  the  Text 

1.  What  place  did  charters  occupy  in  the  political  life  of  the 
colonies  ? 

2.  By  what  process  did  government  by  charters  change  to  govern- 
ment by  constitutions? 

3.  To  what  extent  are  written  constitutions  employed  in  the 
United  States? 

4.  From  what  source  does  a  written  constitution  obtain  its  au- 
thority? 

5.  Give  the  outlines  of  a  typical  written  constitution. 

6.  How  may  a  constitution  be  amended?  How  may  a  new  con- 
stitution be  revised? 

7.  To  what  extent  may  the  power  of  amendment  be  used  for  ac- 
complishing reforms?  What  did  Jefferson  think  about  making 
changes  in  constitutions? 

Suggestive  Questions  and  Exercises 

1.  What  is  the  derivation  of  the  word  charter?  constitution? 

2.  Compare  the  constitution  of  your  State  in  outline  with  the 
outline  indicated  in  the  text. 

3.  Write  a  brief  constitutional  history  of  your  State,  telling  when 
the  first  constitution  was  adopted,  what  revisions  have  been  made, 
the  date  of  the  adoption  of  the  present  constitution,  and  describing 
any  important  amendments  that  may  have  been  added. 

4.  James  Bryce,  an  Englishman,  in  one  of  his  books  says  that 
he  imagines  that  the  American  people  could  govern  themselves  with- 


CONSTITUTIONAL  GOVERNMENT  37 

out   written    constitutions.     Give    reasons   why    an    American    could 
hardly  be  able  even  to  imagine  such  a  thing. 

5.  Explain  fully  the  following  sentence:  "The  United  States  is 
a  democratic,  representative,   constitutional  republic." 

6.  Ought  your  State  to  have  a  new  constitution?  How  could  a 
new  constitution  be  secured? 

7.  Describe  the  kind  of  persons  that  should  be  chosen  as  members 
of  a  constitutional  convention. 

8.  Draw  up  a  constitution  of  the  government  of  a  debating  so- 
ciety. In  preparing  this  exercise  remember  that  a  constitution  de- 
scribes only  the  outlines  of  government  and  states  only  general 
principles. 

9.  Would  it  be  wise  for  your  State  to  exchange  constitutions 
with  a  neighboring  State?     Give  reasons  for  your  answer. 

10.  The  English  Constitution.  In  all  the  countries  of  our  Western 
World  and  in  most  of  the  countries  of  Europe,  government  is  con- 
ducted according  to  the  terms  of  a  written  constitution.  In  Eng- 
land, however,  there  is  no  written  constitution,  no  single  printed 
document  that  contains  the  whole  body  of  the  fundamental  law  of 
the  land.  There  is,  nevertheless,  an  English  constitution,  and  it  is 
one  of  which  Englishmen  are  justly  proud.  It  consists  of  the  stat- 
utes of  the  English  Parliament,  of  the  rules  of  law  as  laid  down  by 
the  courts,  and  of  certain  habits  and  practices  that  custom — and 
custom  alone — has  prescribed  for  the  guidance  of  public  officials. 
The  English  constitution  can  be  changed  at  any  time  by  the  action 
of  Parliament. 

Topics  for  Special  Work 

1.  Constitutional  Conventions:   Reinsch,  435-449. 

2.  The  Constitutional   Convention:    Holcombe,   394-400. 

3.  The  Written  and  Unwritten  Constitution:  Kaye,  51-55. 

4.  How  the  Colonies  W'ere  Governed:   Hinsdale,  36-51. 

5.  The  Evolution  of  State  Constitutions:   Beard,  78-98. 


VI 

FEDERAL  GOVERNMENT 

The  student  now  ought  to  understand  what  is  meant  when  it  is 
mid  that  the  United  States  is  a  democratic,  representative,  constitu- 
tional republic.  But  this  statement  does  not  describe  fully  the  kind 
of  government  we  have.  A  complete  description  would  be  this:  The 
United  States  is  a  democratic,  representative,  constitutional,  federal 
republic.  For  our  country  is  a  federal  republic  and  has  a  federal 
government.  It  is  necessary,  therefore,  at  this  point  to  take  up  the 
subject  of  federal  government. 

Different  Kinds  of  Political  Unions.  An  alliance  is  an 
agreement  between  two  or  more  sovereign  states  to  co- 
operate in  the  accomplishment  of  some  mutually  desirable 
purpose.  A  state  entering  into  an  alliance  does  not  sur- 
render or  impair  its  sovereignty.  Since  an  alliance  may  be 
dissolved  at  the  pleasure  of  any  of  the  contracting  parties, 
it  is  the  weakest  of  all  political  unions.  Another  kind  of 
union  between  states  is  the  confederation  or  league.  A 
confederation  is  formed  by  two  or  more  states  uniting  and 
establishing  a  central  government,  vesting  it  with  certain 
powers,  but  withholding  from  it  the  right  of  exercising 
authority  over  individuals.  In  exercising  its  power  the 
central  government  of  a  confederation  must  operate 
through  the  agency  of  the  states  that  compose  the  union. 
The  states  of  a  confederation,  therefore,  are  united  more 
firmly  than  they  would  be  by  an  alliance,  but  not  so 
closely  and  so  intimately  as  to  form  an  indestructible  and 
indivisible  union. 

The  strongest  of  all  political  associations  is  the  federal 
union.  In  the  federal  union  the  uniting  states  establish 
a  central   (federal)   government  which  is  independent  of 

38 


FEDERAL  GOVERNMENT  39 

themselves,  and  which  operates  with  organs  of  its  own,  its 
power  extending  even  to  individuals.  In  the  formation  of 
the  federal  union — or  the  federal  state,  as  it  may  very 
properly  be  called — the  federal  government  is  made 
sovereign  in  respect  to  matters  that  concern  all  the  states 
taken  collectively,  while  each  separate  state  retains  its 
sovereignty  in  respect  to  those  matters  that  concern  only 
itself. 

Complexity  of  American  Government.  The  United  States 
is  a  federal  republic,  and  its  government  is  complicated 
and  difficult  to  understand.  Under  our  system  authority 
flows  from  two  sources:  we  have  one  government  of  the 
nation  and  another  government  of  the  State ;  we  have  two 
constitutions  and  two  sets  of  laws  to  be  obeyed,  and  two 
sets  of  officers  to  enforce  the  laws;  we  have  forty-eight 
States  working  side  by  side,  each  attending  to  its  own  af- 
fairs in  its  own  way,  and  over  and  through  and  in  all 
these  States  there  is  the  federal  government  attending  to 
the  affairs  of  the  nation.  How  is  this  twofold  authority 
possible?  How  can  a  person  serve  two  masters?  Sup- 
pose the  federal  government  should  command  what  the 
State  forbids,  which  shall  be  obeyed?  Where  is  the  line 
that  divides  the  authority  of  the  federal  government  from 
the  authority  of  the  State?  Such  questions  as  these  early 
force  themselves  upon  the  student  of  American  government. 
We  may  best  approach  the  task  of  answering  them  by  tak- 
ing a  glance  at  history. 

Beginnings  of  the  American  Union.  The  American  Union 
as  we  see  it  to-day  is  the  result  of  nearly  three  centuries 
of  political  association  of  colony  with  colony  and  State 
with  State.  The  Nqw  England  Confederation  (1643),  the 
Albany  Plan  of  Union  (1754),  the  Stamp  Act  Congress 
(1765),  the  First  Continental  Congress  (1774),  were  step- 
ping-stones to  the  Union.  The  real  beginning  of  our 
federal  republic  dates  from  1775,  when  a  Continental  Con- 


40  THE  AMEEICAN  DEMOCRACY 

gress  composed  of  delegates  from  all  the  colonies  met  in 
Philadelphia.  Earlier  congresses  had  merely  debated  and 
petitioned  and  passed  resolutions,  but  the  Continental 
Congress  of  1775  acted  like  a  government.  It  took  charge 
of  those  matters  that  were  of  general  concern.  It  assumed 
command  of  the  army  that  had  been  put  into  the  field;  it 
took  charge  of  foreign  affairs;  it  issued  a  currency;  it 
managed  the  post-office.  The  question  of  its  right  to  do 
these  things  was  not  raised.  It  did  the  things  it  thought 
the  people  wished  it  to  do.  Thus  in  1776  it  thought  the 
people  of  the  colonies  wished  a  separation  from  the  mother 
country.  To  make  sure  that  it  was  not  wrong  in  this 
opinion,  it  adjourned  in  order  that  the  delegates  might  go 
back  to  their  homes  and  learn  the  exact  state  of  public 
sentiment.  Upon  reassembling.  Congress,  convinced  that 
the  people  were  ready  for  a  separation,  on  July  4,  1776, 
declared  the  colonies  free  and  independent  States,  ab- 
solved from  all  allegiance  to  the  British  crown. 

Articles  of  Confederation.  While  Congress  was  medi- 
tating independence,  it  was  also  considering  plans  for 
bringing  all  the  colonies  under  one  regular,  permanent 
government.  Franklin,  in  1775,  submitted  a  plan  of  con- 
federation, but  it  was  not  adopted.  In  1776  John  Dickin- 
son reported  a  plan,  which  in  1777  was  adopted  as  the 
Articles  of  Confederation.  These  articles  were  submitted 
to  the  States  for  their  approval,  and  in  March,  1781, 
having  been  ratified  by  all  the  States,  they  became  the 
framework  for  a  new  government  for  the  United  States. 
The  government  established  by  the  Articles  was  a  con- 
federation. Its  sole  organ  of  authority  was  a  legislature 
of  one  house,  called  a  Congress,  presided  over  by  a  presi- 
dent elected  by  members  from  their  own  number.  A  State 
could  not  send  fewer  than  two  delegates  nor  more  than 
seven  to  the  Congress;  but,  whatever  the  number  of  dele- 
gates, a  State  had  but  one  vote,  determined  by  a  majority 
of  its  delegates  present.     Voting  was,  therefore,  done  by 


FEDERAL  GOVERNMENT  41 

States,  and  it  required  the  votes  of  nine  States  to  carry  any 
important  measure.  Any  alterations  in  the  Articles  had 
to  be  agreed  to  by  Congress  and  afterward  confirmed  by 
the  legislatures  of  all  the  States,  a  provision  that  made 
amendment  practically  impossible.  The  most  important 
powers  committed  to  the  new  government  were : 

(1)  To  determine  questions  of  peace  and  war. 

(2)  To  enter  into  treaties  and  alliances. 

(3)  To  send  and  receive  ambassadors. 

(4)  To  make  rules  governing  captures  on  land  and 
water. 

(5)  To  decide,  upon  appeal,  disputes  between  two 
States  concerning  boundaries. 

(6)  To  determine  the  value  of  current  coin. 

(7)  To  manage  Indian  affairs. 

(8)  To  establish  and  regulate  post-offices. 

(9)  To  appoint  naval  officers  and  the  higher  grades  of 
army  officers. 

The  States,  while  bestowing  these  powers  upon  the  con- 
federated government,  expressly  denied  the  same  powers  to 
themselves,  and  pledged  themselves  to  abide  by  the  deci- 
sions of  Congress  in  all  matters  submitted  to  it  for  deter- 
mination. Congress  could  in  no  case  bring  its  power  to 
bear  upon  the  individual  citizen,  nor  had  it  any  means  at 
its  command  to  compel  the  obedience  of  a  State. 

WeaJkness  of  the  Confederation.  The  government  pro- 
vided by  the  Articles  was  deplorably  weak  both  in  its  or- 
ganization and  in  its  powers.  It  had  no  executive  branch 
and  no  judicial  branch,  and  as  a  legislature  it  was  bad,  for 
it  was  one  of  a  single  house.  All  the  powers  were  united 
in  one  body.  Such  a  government  must  either  rule  like  a 
tyrant  or  it  must  collapse. 

As  long  as  the  war  with  England  continued  the  Articles 
of  Confederation  rendered  valuable  service;  but  when 
peace  came,  and  common  danger  no  longer  spurred  the 
States  to  united  action,  it  was  sooii  seen  that  they  were  a 


42  THE  AMERICAN  DEMOCRACY 

rope  of  sand.  It  was  seen  that  Congress  ' '  could  make  and 
conclude  treaties,  but  could  not  recommend  the  observance 
of  them.  It  could  appoint  ambassadors,  but  could  not  de- 
fray the  expenses  of  their  tables.  It  could  borrow  money, 
but  could  not  pay  a  dollar.  It  could  coin  money,  but 
could  not  purchase  an  ounce  of  bullion.  It  could  make 
war  and  determine  what  troops  were  necessary,  but  could 
not  raise  a  single  soldier.  In  short,  it  could  declare  every- 
thing, but  d^  nothing."  It  could  not  do  what  every  use- 
ful government  must  be  able  to  do;  it  could  not  secure 
obedience  to  its  laws;  it  could  not  reach  the  individual, 
and  it  would  have  been  folly  to  attempt  to  enforce  its  laws 
against  a  State. 

As  a  result  of  its  inherent  weakness  the  Confederation 
soon  fell  into  a  deplorable  condition.  Solemn  treaties 
were  violated,  debts  were  repudiated,  worthless  paper 
money  was  issued.  State  quarreled  with  State.  Disregard 
for  the  laws  of  Congress  was  naturally  followed  by  a  con- 
tempt for  the  laws  of  the  State.  In  several  States  courts 
were  broken  up  by  armed  mobs,  and  rebellion  threatened 
the  very  existence  of  government.  Congress  sank  to  such 
a  condition  of  inefficiency  and  feebleness  that  it  lost  the  re- 
spect of  the  country. 

Efforts  to  Strengthen  the  Confederation.  Thoughtful 
men  saw  the  approaching  downfall  of  the  Confederation 
with  alarm.  They  recognized  that  if  the  union  of  the 
States  were  dissolved,  and  each  State  should  assume  com- 
plete and  undisputed  sovereignty,  the  fruits  of  independ- 
ence would  be  most  bitter.  With  thirteen  nations  in- 
stead of  one,  the  country  would  be  the  easy  prey  of  for- 
eign invaders;  sectional  interests  would  jostle  each  other 
and  bring  State  into  conflict  with  State ;  commerce  between 
the  States  would  be  shackled ;  and  all  the  social,  moral,  and 
intellectual  advantages  that  flow  from  union  would  be  lost. 
Before  it  was  too  late,  men  like  Washington  and  Ham- 
ilton and  Franklin  came  forward  with  measures  designed 


FEDERAL  GOVERNMENT 


43 


to  strengthen  the  union.  In  1785  commissioners  from 
Maryland  and  Virginia  met  at  Washington's  home  in 
Mount  Vernon  to  adjust  some  matters  of  interstate  navi- 
gation. At  this  meeting  Washington  suggested  that  the 
two  States  ought  to  enter  into  an  agreement  as  to  the  regu- 
lation of  interstate  commerce  in  all  particulars.     The  dis- 


1781 

ARTICLES  OP 

CONPEDEEATION 


1776 

DECLARATION  OP 

INDEPEITDENCB 


SECOND  CONTINENTAL 
CONGRESS.     1775 
(Thirteen  Colonies) 


FIRST  CONTINENTAL  CONGRESS 
1774.     (Twelve  Colonies) 


1765.    STAMP  ACT  CONGRESS.    (Nine  Colonies) 


1754.    THE  ALBANY  CONVENTION.     (Seven  Colonies) 


1643.  THE  NEW  ENGLAND  CONFEDERATION.  (Pour  Colonies) 


THE  GROWTH  OF  THE  CONSTITUTION 


cussion  following  this  suggestion  showed  that  if  there  was 
to  be  any  useful  regulation  of  commerce  between  the  States 
all  the  States  must  join.  Accordingly,  all  the  States  were 
invited  to  appoint  commissioners  to  discuss  the  matter.  In 
response  to  this  invitation  five  of  the  thirteen  States  met 
at  Annapolis  in  1786.     This  representation  was  considered 


44  THE  AMERICAN  DEMOCRACY 

too  small  and  the  meeting  adjourned  without  attempting 
anything.  Before  adjourning,  however,  it  recommended 
that  a  convention  of  all  the  States  be  held  at  Philadel- 
phia in  May,  1787,  ''to  take  into  consideration  the  situa- 
tion of  the  United  States,  to  devise  such  further  provi- 
sions as  shall  appear  necessary  to  render  the  Constitution 
of  the  federal  ^  government  adequate  to  the  exigencies  of 
the  times."  Congress,  seeing  the  drift  of  affairs,  adopted 
the  idea  of  holding  a  general  convention,  and  resolved  that 
it  was  expedient  that  in  May,  1787,  one  be  held  at  Phila- 
delphia ''for  the  sole  and  express  purpose  of  revising  the 
Articles  of  Confederation." 

Questions  on  the  Text 

1.  Define  alliance;  confederation. 
2.  What  is  a  federal  union f     In  what  respect  does  a  federal  union 
differ  from  a  confederation? 

3.  What  were  some  of  the  things  done  by  the  Continental  Con- 
gress of  1775? 

4.  Describe  the  Confederation  of  1781.  What  were  the  most  im- 
portant powers  of  the  Confederation? 

5.  Point  out  the  defects  of  the  Confederation  and  give  an  account 
of  its  decline  and  fall. 

6.  What  efforts  were  made  to  strengthen  the  Confederation  in  iti 
last  days? 

Suggestive  Questions  and  Exercises 

1.  WTiat  is  the  derivation  of  the  word  federal  f 

2.  Name  the  federal  governments  of  the  earth. 

3.  What  does  an  individual  state  lose  by  entering  into  a  federal 
union?     What  does  it  gain? 

4.  Indicate  the  growth  of  federation  in  America  by  reproducing 
the  diagram  on  p.  43.  Give  a  brief  historical  account  of  each  event 
referred  to  in  the  diagram. 

5.  Is  the  League  of  Nations  an  alliance  or  a  confederation? 

6.  Name  the  states  that  have  joined  the  League  of  Nations. 

7.  Give  an  account  of  the  services  of  Benjamin  Franklin  in  the 
cause  of  American  Union. 

8.  Prepare  a  five-minute  paper  on  the  "Dark  Days  of  the  Con- 
fedei-ation."     Consult  Fiske's  "Critical  Period  of  American  History." 

1  The  Confederation  was  frequently  called  a  federal  government.  In  1787 
men  had  not  yet  learned  to  distinguish  clearly  between  a  federal  and  a  con- 
fedeiated  government. 


FEDERAL  GOVERNMENT  45 

Topics  for  Special  Work 

1.  The  Formation  of  the  Union:  Hinsdale,  69-72. 

2.  Defects  in  the  Articles  of  Confederation:  Kaye,  39-44. 

3.  Reasons  for  the  Failure  of  the  Articles  of  Confederation:  Beard, 

36-42. 

4.  Preliminaries  of  National  Government:   Munro,  14-25. 

5.  Confederation:   Gettell,  264-266. 


VII 

THE  WORK  OF  THE  FATHERS 

The  Constitution  Framed  and  Ratified.  The  call  of  Con- 
gress for  a  convention  was  responded  to  by  all  the  States 
excepting  Rhode  Island.  The  men  sent  to  the  Con- 
vention were  the  ablest  and  wisest  in  America.  They  rep- 
resented conflicting  interests,  and  differed  widely  among 
themselves  in  their  views  of  government,  but  they  were 
capable  of  placing  the  public  good  above  selfish  considera- 
tions. They  had  not  proceeded  far  with  their  work  be- 
fore they  saw  that  a  mere  revision  of  the  Articles  of  Con- 
federation would  not  bring  relief  to  the  country.  If  union 
was  to  be  anything  more  than  a  name,  there  must  be  a 
central  government  clothed  with  substantial  power.  In- 
stead of  continuing  the  Confederation,  which  was  avow- 
edly a  mere  "league  of  friendship"  in  which  the  exercise 
of  power  depended  upon  the  States,  the  men  of  the  Con- 
vention bravely  decided  to  frame  a  Constitution  for  a  real 
federal  government,  one  that  should  have  its  three  de- 
partments conducted  by  its  own  officials,  and  that  should 
be  independent  of  the  State  in  the  exercise  of  its  powers. 
The  proposed  government  was  to  reach  the  individual, 
make  laws  for  him,  take  money  out  of  his  pocket  for  taxes, 
and  judge  and  punish  him  if  he  violated  its  laws. 

The  framework  of  the  new  government  was  agreed  to 
after  a  most  serious  and  thorough  discussion,  and  was  sub- 
mitted in  September,  1787,  to  the  people  of  the  States  as 
a  *' Constitution  for  the  United  States  of  America."  If 
ratified  by  nine  States  (129)  the  new  Constitution  was  to 
go  into  operation.  Its  adoption  was  opposed  fiercely  by 
those  who  did  not  believe  in  a  strong  central  government ; 

46 


THE  WORK  OF  THE  FATHERS  47 

but  its  friends  were  stronger  than  its  enemies,  and  by  July, 
1788,  it  had  been  ratified  by  eleven  States,  North  Caro- 
lina and  Rhode  Island  withholding  their  consent. 

Distribution  of  Powers.     If  we  are  to  have  clear  ideasi  about 

our  political  system,  we  must  understand  how  the  Conven- 
tion of  1787  distributed  power ;  we  must  know  what  powers 
were  given  to  the  new  federal  government  established  by 
the  Constitution,  and  what  powers  the  States  were  allowed 
to  retain.  It  will  help  us  to  understand  this  subject  if  we 
will  suppose  that  the  men  of  the  Convention  had  at  their 
disposal  all  the  powers  of  a  sovereign  state,  all  the  powers 
that  it  is  possible  for  a  government  to  exercise,  and  that 
they  divided  these  powers  between  the  new  federal  govern- 
ment and  the  existing  State  government  in  such  a  manner 
as  they  thought  best.  With  this  supposition  in  mind,  let  us 
see  what  disposal  they  made  of  the  great  reservoir  of 
governmental  power  at  their  command.  And  first  let  us 
learn  what  powers  they  gave  exclusively  to  the  federal 
government : 

I.  Powers  Exclusively  Federal.  When  granting  a 
power  exclusively  to  the  federal  government,  it  had  to  be 
plain  to  the  minds  of  the  framers  (1)  that  the  States  would 
be  willing  to  surrender  the  jjower;  (2)  that  the  federal 
government  needed  the  power;  (3)  that  the  power  when 
exercised  would  affect  all  the  States  alike.  Applying  these 
tests  to  each  grant  of  power,  the  framers  gave  the  federal 
government  absolute  control  in  the  following  matters :  war, 
peace,  treaties,  alliances,  ambassadors,  postal  affairs,  the 
army  and  navy,  foreign  commerce,  interstate  commerce, 
naturalization,  coinage  of  money,  Indian  affairs,  bank- 
ruptcy, patents,  copyrights,  territories,  letters  of  marque 
and  reprisal. 

II.  Concurrent  Powers.  If  the  proposed  federal  gov- 
ernment was  to  be  strong  and  efficient,  it  must  be  per- 
mitted to  raise  money  by  taxation  and  to  borrow  money  j  it 
must  define  the  qualifications  of  those  who  were  to  vote 


48  THE  AMERICAN  DEMOCRACY 

for  itsjofficers  and  regulate  the  time  and  manner  of  hold- 
ing the  elections  of  its  officers;  it  must  have  the  support 
of  the  State  militia  in  times  of  war.  But  it  was  not  con- 
sidered wise  for  the  federal  government  to  be  given  the 
exclusive  power  of  collecting  taxes  and  borrowing  money 
and  controlling  elections  and  the  militia.  Hence  it  became 
necessary  for  the  framers  to  grant  certain  powers  to  the 
federal  government,  and  at  the  same  time  to  reserve  powers 
of  the  same  kind  for  the  State.  Powers  belonging  to  both 
governments  are  called  concurrent.  The  concurrent 
powers  established  by  the  Convention  relate  to  the  follow- 
ing matters:  taxation,  public  debt,  citizenship,  suffrage, 
elections,  militia. 

III.  Powers  Prohibited  to  the  Federal  Government. 
While  the  framers  planned  for  a  federal  government  that 
should  be  capable  of  achieving  its  rightful  purposes,  they 
at  the  same  time  took  care  that  it  should  not  be  an  instru- 
ment of  oppression.  To  safeguard  the  interests  of  the 
States,  they  formally  prohibited  certain  powers  to  the 
federal  government.  The  powers  denied  to  the  federal 
government  in  the  Convention  are  stated  in  Article 
I,  Section  9,  of  the  Constitution.  Other  prohibitions 
are  found  in  the  first  eight  articles  of  the  amend- 
ments that  were  adopted  in  1791  to  allay  the  fears  of  those 
who  thought  the  new  government  might  exceed  its  powers. 
These  eight  amendments  are  the  bill  of  rights  of  the  Con- 
stitution. They  restrain  the  federal  govemmfint,  but  they 
do  ncffc  restrain  the  State. 

rV.  Powers  Prohibited  to  the  State.  The  framers  saw 
tjiat  certain  limitations  upon  the  power  of  the  State  would 
also  be  wholesome.  Ind^d,  in  178.7  prohibitions  upon  titoe 
power  p£  the  State  ware  more  necessary  than  prohibitions 
upon  the  federal  government;  for  the  States  were  strong 
and  were  disposed  to  disregard  the  authority  of  the  central 
govemm^t.  Accordingly,  as  a  pledge  of  good  iaith  on  the 
part  of  the  States,  a  self-denying  section  (Article  I,  Sec- 
tion 10)  was  inserted  in  the  Constitution. 


THE  WORK  OF  THE  FATHERS  49 

It  should  be  noticed  that  there  are  several  prohibitions 
upon  both  the  State  and  the  federal  government. 
Neither  a  State  nor  the  United  States  can  grant  any  title 
of  nobility  (71,  73)  ;  pass  an  expost  facto  law — that  is,  a 
law  that  makes  criminal  an  act  that  was  not  so  when  com- 
mitted, or  that  increases  the  severity  of  the  punishment  of 
a  previous  act  (65,  73)  ;  or  enact  any  bill  of  attainder,  that 


THE  DISTRIBUTION  OF  POWERS 
(Suggested  by  C.   S.  Tiedemann) 

Outer  circle — All  the  powers  of  Govern- 
ment 

Oircle   A — Powers   exclusively    Federal 

Circle  B — Powers  of  the  State 

■Segment  C — ^Concurrent  powers 

Segment  D — Powers     prohibited    to    the 
Federal    Government 

Segment  E — Powers  denied  to  the  State 

is,  a  law  that  inflicts  punishment  without  judicial  trial 
(65,  73).  These  are  things  that  no  popular  government 
ought  to  do,  and  in  the  United  States  they  can  not  possibly 
be  done  by  any  existing  governmental  agency.  Still  an- 
other prohibition  upon  both  the  State  and  the  federal 
government  is  that  which  refers  to  exports:  Congress  can 
lay  no  duty  on  articles  exported  from  any  State,  and  the 
State  is  also  practically  prohibited  from  levying  export 
duties  (67,74). 

y.     Powers  Reserved  to  the  State.     After  the  framers 
had  provided  for  the  general  powers  of  the  federal  govern- 


50  THE  AMERICAN  DEMOCRACY 

ment,  and  had  made  the  needful  prohibitions  of  power,  we 
may  think  of  them  as  having  reserved  to  the  States  and 
to  the  people  all  the  remaining  powers  of  government. 
They  did  not  formally  make  this  reservation  in  the  Con- 
vention, but  it  was  understood  that  the  powers  not  granted 
to  the  federal  government  or  prohibited  to  the  States  re- 
mained to  be  exercised  as  the  States  or  as  the  people  of  the 
United  States  might  ordain.  In  order  that  there  might  be 
no  mistake  on  this  point,  an  amendment  (144)  adopted  in 
1791  declared  that  ''the  powers  not  delegated  to  the  United 
States  by  the  Constitution  nor  prohibited  by  it  to  the 
States  are  reserved  to  the  States  respectively,  or  to  the 
people."  The  nature  and  extent  of  the  powers  reserved  to 
the  State  will  be  the  subject  of  the  following  chapter. 
At  present  it  is  enough  to  say  that  the  framers  were  able  to 
invest  the  federal  government  with  supreme  powers  in 
reference  to  the  great  affairs  of  a  nation  and  still  leave  the 
State  supreme  in  most  of  the  affairs  that  concern  us  in 
daily  life. 

Implied  and  Resulting  Powers  of  the  Federal  Government. 

The  powers  of  the  federal  government  are  accurately  de- 
fined and  enumerated  in  the  Constitution  (Article  I,  Sec- 
tion 8).  Among  these  powers  is  one  giving  Congress  the 
right  to  make  all  laws  that  are  necessary  and  proper  (63) 
for  the  execution  of  the  enumerated  powers.  Under  the 
authority  of  this  right  there  have  been  exercised  many 
implied  powers, — powers  that  are  not  specifically  men- 
tioned in  the  Constitution,  but  that  naturally  arise  from 
those  that  are  specifically  mentioned.  For  example,  from 
the  expressed  power  of  regulating  commerce  (47)  arise  the 
implied  powers  of  building  lighthouses  and  improving  har- 
bors; from  the  expressed  power  of  coining  money  (49) 
arises  the  implied  power  of  establishing  mints.  Hundreds 
of  things  done  by  the  federal  government  are  justified  by 
the  doctrine  of  implied  powers. 

The  Constitution  does  not  expressly  grant  to  the  federal 


THE  WORK  OF  THE  FATHERS  51 

government  certain  powers  that  the  government  of  a  sov- 
ereign nation  ought  to  have.  To  meet  this  deficiency 
Alexander  Hamilton  brought  forward  his  doctrine  of  re- 
sulting powers — powers  that  result  from  the  ''whole  mass 
of  the  power  of  government,  and  from  the  nature  of  polit- 
ical society,  rather  than  as  a  consequence  of  any  especially 
enumerated  power/'  According  to  Hamilton's  views,  a 
new  sovereign  nation  had  been  brought  into  being  by  the 
events  of  the  Revolution  and  the  adoption  of  the  Consti- 
tution; and  this  nation,  by  the  very  fact  of  its  existence, 
possessed  all  the  powers  a  nation  ought  to  have,  whether 
all  were  mentioned  in  the  Constitution  or  not.  For  ex- 
ample, he  contended  that  if  the  United  States  should  con- 
quer a  country,  it  would  have  sovereign  jurisdiction  in  that 
country,  although  the  Constitution  says  nothing  whatever 
about  such  jurisdiction.  Hamilton  was  bitterly  opposed  by 
Jefferson  and  others  who  believed  in  holding  the  federal 
government  strictly  to  the  terms  of  the  Constitution;  but 
the  doctrine  of  resulting  powers  carried  the  day,  and  Jef- 
ferson was  destined  to  give  to  it  its  most  distinguished  ap- 
plication when  he  purchased  Louisiana  without  authority 
specifically  expressed  in  the  Constitution. 

Limitations  of  the  Federal  Government.  It  must  not  be 
understood  that  under  the  guise  of  implied  and  resulting 
powers  the  federal  government  can  do  anything  and  every- 
thing, for  it  is  in  a  true  sense  a  government  of  limited 
powers.  Jefferson  and  Hamilton  were  both  right.  We 
are  bound  by  the  words  of  the  Constitution,  as  Jefferson 
contended;  but,  as  Hamilton  contended,  the  words  ''gen- 
eral welfare"  (45)  and  the  "elastic  clause"  (63)  are  broad 
enough  to  permit  us  to  do  anything  consistent  with  the 
purposes  for  which  the  Constitution  was  adopted. 

How  the  Federal  Constitution  Is  Amended.  Changes  in 
the  distribution  of  powers,  and  additions  to  and  subtrac- 
tions from  the  power  of  the  federal  government,  are  brought 


52  THE  AMERICAN  DEMOCRACY 

about  by  the  amendment  of  the  Constitution  (122). 
Under  the  Confederation  an  amendment  to  the  Articles 
could  be  adopted  only  with  the  consent  of  all  the  States. 
The  Fathers,  regarding  this  rule  as  being  too  rigid,  pro- 
vided easier  methods  of  amending  the  Constitution.  The 
four  processes  by  which  the  Constitution  may  be  changed 
are:  (1)  and  (2)  Congress,  by  a  two-thirds  vote  of  both 
houses,  may  submit  an  amendment  to  the  States  for  ratifica- 
tion (122),  and  if  the  amendment  thus  submitted  is  rati- 
fied by  the  legislatures  of  three  fourths  of  the  States,  or 
by  Conventions  in  three  fourths  of  the  States,  it  becomes  a 
part  of  the  Constitution;  (3)  and  (4)  a  national  Constitu- 
tional Convention,  called  by  Congress  upon  the  application 
of  the  legislatures  of  two  thirds  of  the  States,  may  submit 
an  amendment  to  the  States  for  ratification,  and  if  the 
amendment  thus  submitted  is  ratified  by  the  legislatures  of 
three  fourths  of  the  States,  or  by  Conventions  in  three 
fourths  of  the  States,  it  becomes  a  part  of  the  Constitution 

Although  it  is  much  easier  to  amend  the  Constitution 
now  than  it  was  under  the  Articles,  still  many  people  be- 
lieve that  the  present  method  of  amendment  is  more  cum- 
brous and  difficult  than  is  consistent  with  the  free  play  of 
the  popular  will.  Recent  experience,  however,  has  taught 
that  amendments  can  be  secured  rather  easily  and  with 
considerable  celerity.  Within  less  than  a  decade  four  pro- 
foundly important  Articles  have  been  added  to  the  funda- 
mental law.  The  rigidity  of  the  methods  of  amending  the 
Constitution,  therefore,  is,  after  all,  not  such  a  very  bad 
thing.  Indeed,  looked  at  in  one  way,  this  rigidity  is  a 
very  good  thing;  for,  as  Professor  Ross  says,  once  a  good 
reform  has  been  nailed  down  in  the  Constitution,  we  know 
it  is  there  to  stay.  If  it  were  easy  to  get  a  reform  in,  it 
would  be  easier  to  get  it  out,  and  we  should  be  kept  in  a 
constant  tumult  of  change. 


THE  WORK  OF  THE  FATHERS  53 

Questions  on  the  Text 

1.  Give  an  account  of  the  framing  and  ratification  of  the  Consti- 
tution. 

2.  What  tests  did  the  framers  apply  to  each  grant  of  power  given 
exclusively  to  the  federal  government? 

3.  What  matters  were  placed  entirely  under  federal  control? 

4.  What  is  a  concurrent  power?  To  what  matters  do  the  con- 
current powers  relate? 

6.  Enumerate  the  powers  prohibited  by  the  Constitution  to  the 
federal  government. 

6.  Enumerate  the  powers  prohibited  to  the  States. 

7.  Name  four  powers  proWbited  to  both  goverments. 

8.  What  is  the  nature  of  the  powers  reserved  to  the  State? 

9.  What  is  an  implied  power  ?  a  resulting  power  ? 

10.  Explain  why  the  federal  government  is  one  of  limited  powers. 

11.  In  what  four  ways  may  the  federal  Constitution  be  amended? 
Discuss  the  methods  of  amending  the  Constitution. 

Suggestive   Questions  and   Exercises 

1.  For  the  purpose  of  exhibiting  the  powers  of  government  under 
our  federal  system  prepare  a  large  chart  similar  to  the  one  found  on 
page  49.  Let  the  outer  circle  of  the  figure  represent  all  the  powers 
of  government,  all  the  powers  that  were  at  the  disposal  of  the  fram- 
ers. In  circle  A  write  the  powers  exclusively  federal ;  in  segment  G 
the  concurrent  powers ;  in  segment  D  the  powers  prohibited  to  the 
federal  government ;  in  segment  E  the  powers  denied  to  the  State. 
Reserve  circle  B  for  the  powers  of  the  State. 

2.  Discuss  each  of  the  powers  granted  exclusively  to  the  federal 
government,  and  give  reasons  for  the  grant. 

3.  Explain  fully  this  sentence:  "The  United  States  is  a  demo- 
cratic, representative,  constitutional,  federal  republic." 

Topics  for  Special  Woek 

1.  First  Amendments  to  the  Constitution:  Johnson,  134-142. 

2.  Origin  of  the  Federal  Convention:  Johnson,  93-101. 

3.  Legislatures  of  the  Union:  Hinsdale,  236-242. 

4.  The  Present  Meaning  of  the  Constitution:   Kaye,  65-72. 

5.  The  Supreme  Law  of  the  Land :  Munro,  44-57. 

6.  Distribution  of  Powers  in  a  Federal  Grovernment:  Gettell,  271- 

276. 


VIII 
THE  STATE 

It  will  add  greatly  to  an  understanding  of  our  political  system  if 
we  now  learn  the  leading  facts  about  the  State  considered  as  one  of 
the  component  parts  of  the  federal  Union.  What  are  the  powers  of 
the  State?  How  are  disputes  between  the  States  and  the  federal 
government  settled?     What  is  the  relation  of  one  State  to  another? 

Powers  of  the  State.  After  independence  had  been  de- 
clared and  the  colonies  had  been  transformed  into  States, 
each  State  found  itself  the  possessor  of  almost  unlimited 
political  power.  No  State,  however,  at  any  time  actually 
exercised  all  the  powers  of  government.  For  example,  no 
State  ever  made  a  treaty  with  a  foreign  country.  From  the 
moment  of  their  separation  from  England,  the  States  re- 
lied upon  a  central  government,  the  Continental  Congress, 
to  manage  the  affairs  of  war  and  peace  and  to  establish  for- 
eign relations.  Nevertheless,  this  central  government  was 
never  strong,  and  in  its  last  days  it  oan  hardly  be  said  to 
have  possessed  any  power  at  all.  The  States,  therefore, 
went  into  the  Convention  of  1787  as  masters  of  the  situa- 
tion. 

We  have  learned  what  powers  they  granted  to  the  new 
federal  government,  what  powers  they  expressly  denied 
to  it,  what  powers  they  expressly  denied  to  themselves,  and 
we  have  seen  that  they  reserved  for  themselves  all  the 
powers  they  did  not  part  with  in  the  Convention.  What 
were  these  reserved  powers?  This  question  cannot  be 
fully  answered.  The  powers  of  the  federal  government 
can  be  enumerated,  but  the  powers  of  the  State  can  be  indi- 
cated only  in  general  terms.  The  framers  provided  liber- 
ally for  the  federal  government,  but  they  did  not  deprive 
the  State  of  the  privilege  of  managing  its  own  affairs  in  its 

54 


THE  STATE  55 

own  way.  The  State  government  could  still  enter  the  home 
and  prescribe  the  legal  relations  that  were  to  exist  be- 
tween husband  and  wife,  between  parent  and  child,  be- 
tween master  and  servant;  it  could  still  enter  the  domain 
of  business  with  laws  to  regulate  buying  and  selling,  debt 
and  credit,  partnership  and  contracts,  possession  and  aliena- 
tion of  property,  wills  and  inheritances;  it  could  still  con- 
trol all  its  local  governments,  county  and  city  and  town, 
and  almost  all  private  corporations  (p.  65)  ;  it  could  still 
maintain  its  own  schools  and  its  own  system  of  police;  it 
could  still  administer  justice  in  all  ordinary  cases  and 
punish  all  ordinary  crimes ;  it  could  still  determine  the  re- 
ligious, civil,  and  political  rights  of  its  citizens  and  pre- 
scribe the  qualifications  of  voters  and  conduct  its  elec- 
tions. 

The  powers  reserved  to  the  State  included  those  that 
the  State  was  free  to  exercise,  and  that  it  actually  was 
exercising  under  the  Constitution  at  the  time  of  its  adop- 
tion, and  they  also  included  those  that  the  State  in  the  fu- 
ture might  have  occasion  to  exercise.  In  1787  there  were 
no  railroads,  and  consequently  there  was  no  such  thing  as 
a  power  in  reference  to  a  railroad ;  yet,  when  railroads  be- 
gan to  be  built,  they  fell  under  the  authority  of  the  State 
by  reason  of  its  reserved  powers  (143,  144) .  And  so  it  has 
been  with  the  powers  relating  to  the  telegraph  and  tele- 
phone and  scores  of  other  things  that  had  not  been  dreamed 
of  in  1787. 

Conflict  of  Federal  and  State  Authority.  Under  such  a 
scheme  of  powers  as  has  been  ordained  by  the  Constitu- 
tion, it  is  to  be  expected  that  State  authority  will  some- 
times clash  with  federal  authority.  The  federal  govern- 
ment within  the  circle  of  its  powers  is  supreme  and  irresist- 
ible, and  the  State  within  its  circle  is  independent  of  any 
higher  power.  Where  two  governments  exercise  political 
power  within  the  same  territory  over  the  same  people,  dis- 
putes are  almost  certain  to  arise.     Then  again,  the  con- 


56  THE  AMERICAN  DEMOCRACY 

current  powers  relating  to  taxation,  elections,  and  citi- 
zenship are  sometimes  a  source  of  conflict.  Moreover,  there 
will  sometimes  be  collisions  between  the  two  governments 
when  each  is  exercising  a  power  that  appears  to  be  strictly 
its  own. 

For  example,  if  in  the  exercise  of  its  police  power 
(p.  384)  a  State  should  pass  a  law  forbidding  the  running 
of  trains  from  one  point  to  another  within  the  boundaries 
of  the  State  on  Sunday,  it  might  appear  to  be  acting 
strictly  within  the  scope  of  its  authority;  yet  such  a  law 
would  almost  certainly  clash  with  the  federal  regulations 
for  carrying  the  mails.  What  is  to  be  done  in  such  a  case  ? 
Shall  the  engineer  move  on  with  the  train  and  carry  the 
mails,  or  shall  the  State  law  be  obeyed?  The  framers  of 
the  Constitution  provided  a  method  of  determining  all  such 
questions.  It  devolved  the  duty  upon  the  Supreme  Court 
of  the  United  States.  It  is  the  constant  task  of  the  Su- 
preme Court,  when  rendering  decisions  in  cases  brought 
before  it,  to  keep  each  government  within  its  proper 
sphere ;  and  for  more  than  a  hundred  and  thirty  years  this 
tribunal  has  performed  this  delicate  service  with  remark- 
able success. 

Interstate  Relations.  Politically  speaking,  one  State  is 
quite  independent  of  another.  A  State  may  establish  such 
a  government  as  seems  to  it  best,  providing  that  its  con- 
stitution and  laws  are  not  contrary  to  the  Constitution  and 
laws  of  the  United  States,  and  providing  that  its  govern- 
ment is  republican  in  form.  The  republican  form  of  gov- 
ernment guaranteed  to  the  State  by  the  Constitution  (120) 
is,  broadly  speaking,  one  in  which  the  principle  of  repre- 
sentative democracy  is  recognized.  The  federal  govern- 
ment under  this  guaranty  would  not  permit  an  autocracy 
or  an  oligarchy  or  a  monarchy  to  be  established  within  a 
State.  When  rival  governments  are  set  up  within  a  State, 
the  federal  government  will  decide  which  is  the  lawful 
government,  and  if  necessary  will  assist  in  crushing  the 
unlawful  rival. 


THE  STATE  57 

Gongrefs  of  the  United  States  5 

AT    THS    TRtRD    SESSIOM, 

Begun  and  kM  at  the  City  of  Philadelphia,  <iiil 

Monday  the  iixth  of  December^  one  tho\j- 

hnd  feven  hundred  and  ninet)*. 

^  AC^fir  life  Admission  of  the  State  «f  VeftiiOMT  £iB> 
tbU  Umiok. 

Jl  H  E  State  6f  Vermbat  having  petiridftcd  the  Congrcfe  to  be  a^ 
mitted  a  member  of  the  United  Staten  Be  it  etufQcd  by  the  Sekajb 
end  House  of  Represent ati\  cs  cftbe  United  Stoics  o/AmcrUai^ 
Con^efs  alfenJikdy  vnd  it  is  iercby  enabled  arid  declared^  That  oil  the 
fourth  day  of  March,  one  thoufaiid  fevcn  hundred  and  ninetyKmc, 
the  faid.  State,  by  the  name  and  ftile  of  *f..the  State  of  Vermont," 
(hall  be  received  and  admitted  Into  this  Unioii^  as  %  Qs« and  eSlSte . 
©loaabcr  of  the  UnitedStates  of  America. 

FREDERICK  AUGUSTUS  MUHLENBERC. 
Speaker  of  the  Hwfe  of  Refrefenttitii:ct>. 

^OHN  ADAMS.  rice-Preftdcnt  of  the  United  States^ 
and  Frejidcnt  of  the  Senatit* 

/i^pROVEO,  Feibruary  the  eighteentii,  J791. 

GEORGE  WASHINGTON,  FrefiJcnt  of  the  United  SlOSt^, 

DkPOsiTED  among  the  RoLts  tn  tbj£.Qr23t:£  of  the  SKCBStistsi 
dF  Stats. 


e^»(dSzs^S^  c^^^. 


THE  ACT  WHICH  ADMITTED  THE  FIRST  NEW  STATE 


58  THE  AMERICAN  DEMOCRACY 

Although  the  political  isolation  that  exists  between  the 
States  is  quite  complete,  nevertheless  a  State  cannot  treat 
another  State  precisely  as  if  it  were  a  foreign  country. 
Under  the  Constitution,  there  are  several  important  inter- 
state obligations: 

(1)  If  one  State  recognizes  a  certain  law  or  certain 
records,  as  of  wills  or  deeds,  as  valid,  all  other  States  must 
recognize  them  as  valid  (115).  If  the  authorities  in  Maine 
recognize  a  certain  law  of  the  State  as  being  a  good  law, 
the  authorities  of  all  the  other  States  must  recognize  that 
law  as  being  good  in  Maine,  although  the  law  need  not 
be  obeyed  in  the  other  States. 

(2)  A  State  must  accord  to  a  citizen  of  another  State 
who  comes  within  its  borders  all  the  rights  and  privileges 
that  it  accords  to  its  own  citizens  (116).  For  example, 
a  citizen  of  Pennsylvania  can  go  into  Illinois  and  move 
about  and  transact  business  on  the  same  terms  with  the 
citizens  of  the  latter  State. 

(3)  When  a  criminal  flees  from  a  State  in  which  he  has 
committed  a  crime  into  another  State,  the  governor  of  the 
latter  State  is  charged  with  the  duty  of  assisting  in  the 
arrest  of  the  criminal  and  in  his  return  to  the  State  in 
which  the  crime  was  committed  (117).  If,  however,  the 
governor  of  a  State  for  any  reason,  good  or  bad,  should  re- 
fuse such  assistance,  there  is  no  way  to  compel  him  to 
perform  his  duty.  Here  the  Constitution  has  issued  a 
mandate  with  no  provisions  for  its  enforcement.  The  sur- 
render of  fugitive  criminals,  therefore,  seems  to  rest  quite 
as  much  upon  interstate  comity  and  courtesy  as  upon  con- 
stitutional necessity.  In  practice  governors  seldom  fail 
to  do  their  duty  in  arresting  and  returning  fugitive 
criminals. 

Although  a  State  is  permitted,  under  the  Constitution, 
to  regulate  its  own  affairs  quite  without  regard  to  its  sister 
States,  yet,  as  a  matter  of  fact,  no  State  does  this.  Every 
State,  in  framing  its  constitution  and  making  its  laws,  has 
been  influenced  consciously  or  unconsciously  by  the  social 


THE  STATE  59 

and  commercial  conditions  existing  in  neighboring  States. 
This  interstate  influence  is  making  laws  and  customs 
throughout  the  United  States  more  and  more  uniform. 

Preservation  of  the  Federal  System.  We  now  understand 
that  the  line  dividing  the  authority  of  the  federal  govern- 
ment from  the  authority  of  the  State  is  clearly  drawn  in 
the  Constitution  of  the  United  States.  On  one  side  of  the 
line  are  the  powers  relating  to  matters  that  concern  the 
welfare  of  the  whole  body  of  the  American  people.  These 
are  the  federal  powers.  On  the  other  side  of  the  line  are 
those  powers  that  relate  to  matters  of  local  and  individual 
concern.  These  powers  belong  to  the  State.  If  our 
federal  system  is  to  be  preserved,  this  line  must  never  be 
obliterated.  The  State  must  not  cross  over  the  line  and 
trespass  upon  the  authority  of  the  federal  government, 
thus  impairing  the  glory  and  greatness  of  the  Union; 
while  the  federal  government  must  also  keep  within  its 
proper  bounds,  and  refrain  from  usurping  the  powers  of 
the  State  and  becoming  an  enemy  of  local  self-government 
and  individual   rights. 

Whether  the  federal  relations  established  by  the  Fathers 
will  be  maintained,  or  not,  will  depend  upon  the  intel- 
ligence, vigilance,  and  political  sagacity  of  the  people.  If 
Americans  hold  their  representatives  to  a  faithful  observ- 
ance of  the  Constitution,  there  is  little  danger  that  either 
the  State  or  the  federal  government  will  be  robbed  of  its 
rightful  powers.  If,  however,  voters  are  careless  and  in- 
different, it  is  likely  that  the  federal  government  will  draw 
to  itself  more  and  more  power,  and  that  the  arm  of  the 
State  will  wither.  This  is  the  direction  in  which  things 
seem  to  be  moving  at  the  present  time.  Is  this  tendency  not 
regrettable?  Do  we  want  the  forty-eight  States  to  be 
thrown  into  a  melting-pot  and  changed  into  a  homogeneous 
political  mass  forming  a  consolidated  nation  like  France, 
where  the  powers  of  the  central  government  extend  to  the 
smallest  affairs  of  the  smallest  village  ? 


60  THE  AMERICAN  DEMOCRACY 

It  would  seem  that  we  are  vastly  too  large  to  be  governed 
in  any  other  way  than  in  the  federal  way.  The  govern- 
ment at  Washington  can  hardly  be  trusted  to  issue  orders 
to  our  governors  and  to  the  mayors  of  our  cities,  directing 
them  as  to  how  they  shall  conduct  their  affairs.  If  we  do 
not  preserve  local  self-government  we  shall  hardly  escape 
federal  tyranny.  ''If  the  day,''  says  John  Fiske,  ''should 
ever  arrive  (which  God  forbid!)  when  the  people  of  the 
different  parts  of  our  country  shall  allow  their  local  affairs 
to  be  administered  by  prefects  sent  from  Washington,  and 
when  the  self-government  of  the  States  shall  have  been  so 
far  lost  as  that  of  the  departments  of  France,  or  even  so 
closely  limited  as  that  of  the  counties  of  England — on  that 
day  the  political  career  of  the  American  people  will  have 
been  robbed  of  its  most  interesting  and  valuable  features, 
and  the  usefulness  of  this  nation  will  be  lamentably  im- 
paired. ' ' 

Questions  on  the  Text 

1.  Indicate  in  general  terms  the  powers  of  the  States. 

2.  What  is  the  nature  of  the  reserved  powers  of  the  States? 

3.  For  what  reason  is  there  likely  to  be  conflict  between  States 
and  federal  authority?  How  are  disputes  between  the  State  and  the 
federal  government  settled? 

4.  What  is  the  nature  of  the  republican  form  of  government  to 
which  a  State  is  entitled? 

5.  What  interstate  relations  are  established  by  the  Constitution? 

6.  How  may  you  distinguish  State  authority  from  federal  au- 
thority? 

7.  Why  is  it  important  that  existing  State  and  federal  relations 
be  preserved? 

Suggestive  Questions  and  Exebcises 

1.  On  the  large  chart  suggested  in  the  preceding  chapter  insert 
in  circle  B  the  most  important  State  powers. 

2.  Prepare  a  ten-minute  paper  on  "Our  State."  (Sketch  briefly 
the  history  of  your  State;  write  of  its  size,  its  population,  its  in- 
dustries, its  resources,  its  schools,  its  cities,  its  great  men.) 

3.  Show  how  neighboring  States  have  influenced  your  State  in 
reference  to  (a)  government,  (6)  religion,  (c)  occupation,  (d)  edu- 
cation,  (e)  political  parties. 

4.  Of  the  following  matters  name  those  that  come  within  the 
authority  of  the  federal  government:    (a)    punishment  for  robbing 


THE  STATE  61 

the  mails;  (6)  regulation  of  the  speed  of  trains;  (c)  the  suppres- 
sion of  a  riot;  {d)  punishment  for  robbing  a  store;  (e)  the  con- 
struction of  a  sewer;  (/)  the  building  of  a  school-house;  {g)  the 
construction  of  a  battle-ship;  {h)  the  repairing  of  a  road;  (i)  the 
defense  of  a  coast;  (j)  the  improvement  of  a  harbor;  (fc)  the  grant- 
ing of  a  pension  to  a  soldier;  (l)  the  borrowing  of  money  for  a 
public  purpose;  (w)  the  annexation  of  territory;  {n)  the  maintain- 
ing of  a  military  academy;  (o)  the  protection  of  the  public  health; 
ip)  the  organization  of  a  company  of  militia;  (q)  the  controlling 
of  the  movements  of  a  flying-machine;  (r)  the  protection  of  an  au- 
thor in  his  rights;  (s)  the  regulation  of  the  descent  of  property; 
{t)  the  construction  of  a  canal  from  Cleveland,  Ohio,  to  Columbus, 
Ohio;  the  construction  of  a  canal  from  Columbus,  Ohio,  to  Chicago; 
{u)  the  regulation  of  the  use  of  dynamite;  {v)  the  regulation  of 
wireless  telegraphy;  {w)  the  regulation  of  wireless  telephony;  (a?) 
the  regulation  of  the  speed  of  automobiles. 

5.  What  power  (or  powers)  now  exercised  by  the  State  would 
you  have  transferred  to  the  federal  government?  Is  there  any  power 
now  exercised  by  the  federal  government  that  ought  to  be  transferred 
to  the  State? 

6.  What  are  the  terms  upon  which  a  new  State  may  be  admitted 
to  the  Union   (118)? 

Topics  fob  Special  Work 

1.  The  Limitations  of  the  State:  Hinsdale,  243-247. 

2.  The  Nature  of  the  Union:  Johnson,  334-.343. 

3.  The  Constitution  and  the  New  Federalism:  Kaye,  76-82. 

4.  The  States  and  the  Federal  Government:  Kaye,  89-92;  Munro, 

389-404. 

5.  The  Constitutional  Basia  of  State  Government:  Beard,  428-457. 


IX 

LOCAL  GOVERNMENT 

When  studying  the  distribution  of  powers  under  our  federal  sys- 
tem, we  found  (p.  55)  that  the  localities — the  counties,  cities,  towns, 
villages,  townships — are  controlled  by  the  State.  Since  these  minor 
divisions  are  so  important  an  element  in  our  political  framework, 
and  since  the  affairs  of  the  locality  touch  the  citizen  so  directly  and 
so  constantlj^  we  shall  do  well  at  this  point  to  consider  the  broad 
aspects  of  local  government.  What  powers  are  granted  to  the  local 
government?  In  what  relation  does  the  locality  stand  to  the  State? 
What  policy  should  the  State  adopt  when  dealing  with  the  local 
governments  ? 

Division  of  the  Powers  of  the  State.  We  have  learned 
how  governmental  power  is  broadly  divided  between  the 
federal  government  and  the  State.  There  is  a  further 
division  to  be  studied.  The  State  does  not  exercise  di- 
rectly, through  the  agency  of  State  officers,  all  the  powers 
that  belong  to  it,  but  shares  its  powers  with  inferior  gov- 
ernments, which  it  creates,  and  which  it  equips  with  proper 
officers.  These  lower  governments  are  called  local,  be- 
cause they  transact  the  public  business  of  a  locality  only. 
The  local  governments  that  are  found  in  all  the  States  are 
counties  and  municipal  corporations  (villages,  boroughs, 
towns,  cities).  In  many  States  there  is  an  additional 
local  government  known  as  the  township — "town"  it  is 
usually  called  in  New  England. 

The  powers  granted  to  the  local  governments  are  not 
the  same  in  all  the  States,  yet  it  may  be  said  that  as  a  rule 
the  local  government  does  the  following  things : 

(1)  It  preserves  the  peace  and  good  order  of  the  locality. 

(2)  It  supports  the  public  schools. 

(3)  It  cares  for  the  public  health. 


LOCAL  GOVERNMENT  63 

(4)  It  helps  the  poor  and  unfortunate. 

(5)  It  assesses  and  collects  taxes. 

(6)  It  opens  and  repairs  roads  and  paves  streets  and 
builds  bridges. 

(7)  It  establishes  and  supports  courts  of  lower  grades. 

(8)  It   erects   public  buildings. 

It  should  be  clearly  understood  that  the  local  govern- 
ment is  in  all  things  dependent  upon  the  State.  The  re- 
lation of  a  city,  for  example,  to  the  State  is  entirely  dif- 
ferent from  the  relation  that  exists  between  the  State  and 
the  Union.  The  powers  of  the  State  are  its  own ;  the 
federal  government  cannot  subtract  from  them  nor  add  to 
them.  The  powers  of  a  city  are  not  its  own;  the  State 
gives  them  and  the  State  can  take  them  away.  What  the 
State  creates  it  can  govern  according  to  its  own  will.  The 
State  can  deprive  local  officers  of  their  positions  and  ad- 
minister the  affairs  of  the  locality — the  county,  or  city, 
or  whatever  it  may  be — with  officers  of  the  State  govern- 
ment. 

While  it  is  true  that  the  State  has  the  power  to  send  its 
officers  into  a  locality  and  govern  it  without  consulting  its 
citizens,  yet  as  a  matter  of  fact  the  State  does  not  use  its 
power  in  this  way.  In  practice  the  State  allows  the  people 
of  a  community  to  elect  their  local  officers  and  to  conduct 
their  local  affairs  largely  according  to  their  own  notions. 
Any  other  policy  would  be  contrary  to  the  political  in- 
stincts of  the  American  people,  and  would  excite  the  most 
bitter  resentment.  A  denial  of  the  right  of  local  self- 
government  would  be  an  attack  upon  the  principle  of 
democracy.  Where  the  people  do  not  have  their  will  in 
respect  to  their  schools  and  roads  and  the  other  affairs  of 
local  concern,  they  do  not  enjoy  fully  the  blessings  of 
popular  government. 

Three  Grades  of  Government.  Thus  everywhere  in  the 
United  States  there  are  three  grades  of  government  in 
operation:  (1)  The  federal  government  defends  us  against 


64  THE  AMERICAN  DEMOCRACY 

foreign  foes,  attends  to  foreign  affairs,  delivers  and  collects 
the  mails,  regulates  the  currency  and  foreign  and  inter- 
state commerce,  maintains  federal  courts  to  try  cases  that 
come  under  federal  jurisdiction,  and  collects  the  federal 
taxes.  The  federal  government  does  these  things  in  its 
own  way  with  its  own  officers,  and  the  people  of  the  local- 
ity and  of  the  State  are  not  consulted.  (2)  The  State 
government  is  responsible  everywhere  within  its  borders 
for  the  following  things :  for  the  protection  of  life,  liberty, 
property,  and  reputation;  for  the  punishment  of  crime; 
for  the  maintenance  of  justice;  for  the  holding  of  elec- 
tions; for  the  regulation  of  domestic  and  business  rela- 
tions; for  the  collection  of  State  taxes;  for  the  fulfilment 
of  the  constitutional  guaranties  contained  in  the  bill  of 
rights.  The  State  is  responsible  for  these  things,  and  it 
does  not  surrender  its  power  in  reference  to  them.  It 
either  attends  to  them  through  the  agency  of  its  own 
officers,  or  it  compels  the  local  government  to  attend  to 
them.  (3)  The  local  government  attends  to  the  matters 
enumerated  in  the  preceding  section. 

How  Local  Governments  Receive  Their  Powers.  There 
is  not  a  word  in  the  federal  Constitution  about  local  govern- 
ment. The  locality  receives  all  its  powers  from  the  State 
constitution  and  the  State  legislature.  Counties  and  town- 
ships are  usually  organized  and  governed  under  general  laws 
passed  by  the  legislature.  All  the  counties  and  townships 
within  the  State  have  substantially  the  same  kind  of 
government  and  the  same  powers. 

The  government  of  cities  and  boroughs  and  villg^es  is 
accomplished  througli  the  agency  of  municipal  corpora- 
tions. A  corporation  is  a  group  of  individuals  author- 
ized by  law  to  act  in  respect  to  certain  specified  matters 
as  one  individual;  or  it  is  a  group  of  natural  persons 
authorized  to  act  as  one  artificial  person.  This  artificial 
person,  known  as  a  corporation,  lives  forever,  unless  the 
power  (the  law)  that  created  it  chooses  to  destroy  it  or  to 


LOCAL  GOVERNMENT  65 

limit  the  period  of  its  existence ;  it  has  a  name,  and  under 
this  name  it  can  sue  and  be  sued  in  the  courts  like  a 
natural  person;  with  certain  restrictions,  it  can  acquire 
property  and  borrow  money  like  an  ordinary  person;  it 
can  make  such  by-laws  (local  laws)  as  may  be  necessary  to 
regulate  its  internal  affairs,  and  these  by-laws  have  all 
the  force  of  law. 

Corporations  are  either  private  or  public.  A  private 
corporation  is  one  organized  for  the  private  profit  or 
pleasure  of  the  individuals  who  secure  the  incorporation. 
Railroads,  banks,  colleges,  clubs,  are  examples  of  private 
corporations.  Public  corporations  are  organized  for  polit- 
ical purposes,  for  the  promotion  of  the  public  welfare. 
Counties  and  towms  and  townships  are  public  corporations 
in  so  far  as  they  are  permitted  to  hold  property  and  to 
sue  and  be  sued.  The  most  conspicuous  example  of  a 
public  corporation,  however,  is  the  municipal  {municipium, 
town)  corporation.  Wherever  there  is  a  community  with  a 
compact  population  requiring  special  governmental  powers, 
the  State  gives  this  community  a  name  and  boundaries, 
organizes  its  citizens  into  a  municipal  corporation,  and 
grants  to  it  the  right  of  municipal  or  local  self-government. 

The  written  instrument  that  specifies  the  rights  and 
privileges  of  a  corporation  is  its  charter.  The  charter  of 
a  municipal  corporation  names  the  municipality,  describes 
its  boundaries,  and  states  in  great  detail  how  the  local 
government  is  to  be  organized,  and  what  powers  it  is  to 
exercise.  The  powers  that  a  municipality  enjoys  under 
its  charter  may  be  such  as  are  granted  to  municipalities 
under  a  general  law  of  the  legislature,  or  they  may  be 
specific  powers  granted  by  a  special  law. 

The  State  legislatures,  through  their  power  to  grant 
charters  to  municipalities,  have,  in  most  of  the  States,  an 
almost  complete  control  over  cities,  and  they  exercise  their 
power  freely.  They  do  not  hesitate  to  change  or  amend 
a  municipal  charter  or  to  revoke  one  altogether;  they  will 
reserve  to  themselves  or  will  give  to  the  governor  the  ap- 


66  THE  AMERICAN  DEMOCRACY 

pointment  of  officers  whose  duties  are  of  a  strictly  munici- 
pal character;  they  will  raise  the  salaries  of  city  officers 
without  consulting  the  city  authorities;  they  will  even  de- 
prive a  regularly  elected  mayor  of  his  office  and  give  it  to 
another.  The  habit  of  State  interference  with  local 
matters  is  at  times  so  strong  as  to  threaten  seriously  the 
highly  prized  principle  of  local  self-government. 

Municipal  Home  Rule.  In  some  States  the  constitutions 
are  attempting  to  protect  municipal  rights  by  giving  to 
the  people  of  the  city  the  privilege  of  framing  their  own 
charter,  just  as  the  people  of  the  State  frame  their  own 
constitution.  Under  this  policy  of  municipal  home  rule, 
the  city  would  stand  in  somewhat  the  same  relation  to  the 
State  as  the  State  does  to  the  Union.  The  city,  the  State, 
and  the  nation  would  each  be  supreme  in  respect  to  those 
things  that  concern  itself. 

This  is  an  attractive  reform,  but  it  suggests  serious 
difficulties.  Under  our  present  system  the  State,  within 
the  limited  sphere  of  its  action,  is  supreme :  it  may  educate 
its  youth  illy ;  its  laws  may  be  unwise,  its  courts  corrupt ; 
and  yet  the  federal  government  may  not  interfere. 
Shall  we  make  the  city  as  independent  of  the  State  as  the 
State  is  of  the  federal  government  ?  We  are  told  that  the 
care  of  the  streets,  parks,  sewerage,  city  lighting,  water 
supply,  the  fire-extihguishment  system,  and  manj^  details 
connected  with  sanitary  and  police  administration  should 
be  placed  absolutely  under  the  control  of  the  city.  But 
suppose  the  lighting  of  a  city  is  so  poor  that  criminals 
thrive  in  the  darkness,  or  that  the  police  department  is  so 
inefficient  that  the  peace  and  security  of  the  city  are 
threatened — shall  the  State  not  interfere?  Shall  it  make 
such  a  surrender  of  its  rights  as  will  prevent  it  from  en- 
tering such  a  city  and  lighting  the  streets  properly  and 
improving  the  police  service?  Such  questions  as  these  are 
constantly  arising  in  connection  with  municipal  govern- 
ment and  they  indicate  how  difficult  it  is  to  determine  pre- 


LOCAL  GOVERNMENT  67 

cisely  where  State  authority  should  end  and  local  author- 
ity begin. 

It  is  perhaps  impossible  to  draw  a  distinct  line  between 
State  and  local  control ;  but  experience  makes  it  plain  that, 
while  the  State  should  encourage  the  principle  of  munic- 
ipal ''home  rule,"  it  should  at  the  same  time  place  neces- 
sary limitations  upon  the  power  of  the  city.  Among  these 
limitations  are  the  folowing: 

(1)  The  State  should  not  surrender  entirely  to  the  city 
its  control  over  elections,  especially  over  those  elections  at 
which  State  officers  are  chosen. 

(2)  The  State  should  not  make  to  the  city  such  a  sur- 
render of  the  power  of  taxation  as  to  result  in  crippling 
the  revenues  of  the  State. 

(3)  The  borrowing  power  of  the  city  should  be  care- 
fully restricted. 

(4)  The  State  should  reserve  for  itself  the  police  power, 
that  is,  the  power  to  pass  laws  relative  to  the  public  health, 
the  public  safety,  and  the  public  morality. 

(5)  The  State  should  demand  that  the  city  maintain  a 
certain  standard  of  public  education. 

In  general,  the  State  should  keep  such  a  grasp  upon  all 
its  parts — counties,  townships,  and  municipalities — as  will 
prevent  a  part  from  operating  against  the  welfare  of  the 
whole. 

Questions  on  the  Text 

1.  How  are  the  powers  of  the  State  divided?  Name  the  things 
usually  done  by  the  local  government. 

2.  What  is  the  usual  policy  of  the  State  in  reference  to  the  exer- 
cise of  its  control  over  the  local  government? 

3.  Give  an  account  of  the  three  grades  of  American  government. 

4.  From  what  two  sources  does  the  locality  receive  its  powers? 
How  are  counties  and  townships  governed?  ^ 

5.  What  is  a  corporation?  What  are  the  attributes  of  a  corpo- 
ration? What  is  a  private  corporation?  What  is  a  public  corpora- 
tion? 

6.  What  is  a  municipal  charter?  How  do  legislatures  usually 
act  in  respect  to  the  goviernment  of  municipalities? 

7.  What  is  meant  by  "municipal  home  rule"?  What  difficulties 
lie  in  the  way  of  municipal  home  rule  2 


68  THE  AMERICAN  DEMOCRACY 

8.  Give  five  rules  for  the  guidance  of  the  State  in  lis  dealing 
with  cities. 

Suggestive  Questions  and  Exercises 

1.  What  are  the  provisions  of  the  constitution  of  this  State  in  ref- 
erence to  local  government?  Can  the  legislature  pass  a  special  law 
for  the  government  of  a  city?  Have  the  cities  of  the  State  the  right 
to  frame  their  own  charters?     If  not,  ought  they  to  have  this  right? 

2.  In  what  way  could  the  present  constitution  of  this  State  be 
amended  so  as  to  give  cities  better  government  than  they  now  enjoy? 

3.  What  is  the  difference  between  a  charter  and  a  constitution? 

4.  In  a  city,  which  of  the  following  services  should  be  rendered  by 
the  State  and  which  by  the  local  government?  (a)  the  regulation  of 
the  sale  of  intoxicants;  (&)  the  paving  of  the  streets;  (c)  the  regu- 
lating of  the  employment  of  children;    (d)   the  granting  of  franchises 

(p.  268)  to  street  railways;  (e)  the  constructing  of  sewers;  (/)  the 
holding  of  courts  of  justice;  (g)  the  educating  of  children;  (h)  the 
lighting  of  streets;  (i)  the  keeping  of  the  peace;  (;)  the  suppres- 
sion of  a  riot;  (k)  the  regulation  of  the  use  of  arms;  (i^)  the  con- 
struction of  waterworks;  (m)  the  collecting  of  taxes;  (n)  the  regu- 
lating of  the  hours  of  labor;  (o)  the  operating  of  gas-works;  (p) 
the  inspecting  of  steam-boilers;  {q)  the  inspecting  of  factories  with 
the  view  of  protecting  the  health  of  employees;  (r)  the  maintaining 
of  libraries;  (s)  the  maintaining  of  parks;  {t)  the  extinguishing 
of  fires. 

5.  In  Ohio,  California,  Michigan,  Colorado,  Minnesota,  Missouri, 
Oregon,  Oklahoma,  and  Washington  the  plan  of  home  rule  for  cities 
has  been  adopted.     Can  you  name  any  other  home  rule  States? 

6.  Name  all  the  kinds  of  local  government  found  in  this  State. 

Topics  for  Special  Work 

1.  Municipal  Home  Rule:  Howe,  76-85. 

2.  National  Parties  in  Local  Elections:  Jones,  327-330. 

3.  Positions  of  the  City  in  the  State:  Goodnow  and  Bates,  88-120. 

4.  The  City  and  the  State:  Howe,  66-75. 

5.  Relation  of  Local  Government  to  Central  Government:  Gettell, 

424-425;   Munro,  541-545. 

6.  The  American  City:  Munro,  527-587. 


PARTY  GOVERNMENT 

A  popular  government  is  not  a  machine  that  is  kept  running  by 
its  own  force  and  momentum.  Elections  can  not  be  held  simply  by 
fixing  a  date  for  holding  them.  Suitable  officers  can  not  be  obtained 
by  merely  prescribing  their  qualifications.  Powers  enumerated  in  a 
constitution  have  no  meaning  until  they  are  actually  brought  into 
exercise.  A  government,  whether  large  or  small,  whether  federal  or 
State  or  local,  must  be  operated  by  a  practical  human  agency  work- 
ing to  accomplish  definite  things.  In  the  United  States  this  agency 
is  the  political  party;  we  accomplish  our  political  purposes  by  means 
of  party  government. 

What  Political  Parties  Are  For.  *'A  political  party/' 
said  Edmund  Burke,  *'is  a  body  of  men  united  for  pro- 
moting by  their  joint  endeavors  the  national  interest  upon 
some  particular  principle  on  which  they  are  all  agreed." 
Among  a  free  people  a  division  of  the  voters  into  parties 
is  inevitable,  for  there  are  always  differences  of  opinion 
as  to  how  public  affairs  shall  be  managed.  Shall  the  county 
have  a  new  court-house  ?  Shall  the  State  compel  parents  to 
send  their  children  to  school?  Shall  the  federal  govern- 
ment own  and  operate  the  railroads?  Such  questions  are 
bound  to  divide  men  into  opposing  groups.  Each  group 
will  organize  and  attempt  to  seize  the  reins  of  government. 
For  a  government  must  act  through  the  agency  of  men  as 
well  as  through  the  agency  of  laws,  and  if  men  want  to 
accomplish  their  political  purposes,  they  must  not  only 
have  the  laws  on  their  side,  but  they  must  also  have  the 
officers  of  government  on  their  side.  The  surest  way  to 
get  them  on  their  side  is  to  win  the  support  of  public 
opinion  and  persuade  voters  to  elect  officers  who  are  favor- 
able to  the  proposed  measures  or  policies.  And  this  is 
precisely  what  political  parties  are  for.     Men  holding  the 


70  THE  AMERICAN  DEMOCRACY 

same  political  views  organize  as  a  party  and  work  together 
for  the  purpose  of  electing  men  who,  when  in  office,  will 
carry  into  effect  the  wishes  of  the  party. 

Origin  of  Political  Parties   in  the  United   States.    No 

sooner  was  the  Constitution  adopted  than  men  began  to 
disagree  as  to  the  amount  of  power  the  new  federal  govern- 
ment was  to  have.  The  discussions  that  followed  brought 
into  collision  two  forces,  which  have  never  ceased  to  oper- 
ate in  American  politics.  One  of  these  forces  tends  to 
carry  power  from  a  lower  grade  of  government  to  a  higher. 
When  an  affair  of  local  government  is  badly  managed, 
there  are  always  people  to  suggest  that  that  affair  be  placed 
under  the  control  of  a  larger  and  more  central  government. 
If  the  township  does  not  manage  its  affairs  well,  they 
would  take  its  powers  from  it  and  give  them  to  the  county ; 
if  certain  functions  of  the  county  are  not  faithfully  per- 
formed, they  would  have  them  performed  by  the  State; 
if  the  State  is  remiss  in  anything,  they  would  place  that 
thing  under  the  control  of  the  federal  government.  This 
tendency  to  take  power  from  the  local  and  lodge  it  with 
the  central  government  has  been  called  the  centripetal 
force  of  politics. 

In  opposition  to  this  centripetal,  or  centralizing,  force 
are  the  people  who,  jealous  of  the  powers  of  government, 
desire  to  limit  them.  These  would  lodge  as  little  author- 
ity as  possible  with  the  central  government,  and  reserve 
as  much  as  possible  for  the  locality.  They  would  have  no 
interference  with  the  individual,  except  such  as  is  neces- 
sary for  the  peace  and  safety  of  society.  This  tendency 
to  restrict  the  power  of  the  central  government,  and  en- 
large that  of  the  locality  and  of  the  individual,  has  been 
called  the  centrifugal,  or  decentralizing,  force  in  politics. 

The  discussion  of  the  political  questions  that  arose  when 
the  Constitution  was  put  into  operation  offered  an  excel- 
lent opportunity  for  the  free  play  of  the  centralizing  and 
the  decentralizing  forces.     Those  who  believed  in  a  strong 


PARTY  GOVERNMENT  71 

central  government  advocated  a  liberal  interpretation  of 
the  ''elastic  clause"  (p.  51).  Foremost  among  these  was 
Alexander  Hamilton.  That  great  man  thought  that  Con- 
gress has  a  right  to  pass  laws  on  any  subject  that  relates 
to  the  general  welfare  and  that  requires  the  application 
of  money.  It  is  easy  to  see  that,  under  such  an  interpre- 
tation, many  things  could  be  done  by  Congress  which  could 
not  be  done  under  either  the  enumerated  or  the  implied 
powers  of  the  Constitution.  For  example,  under  such  a 
construction,  Congress  would  have  the  right  to  take  charge 
of  the  public  schools.  Those  who  held  centripetal  notions 
respecting  government  railed  around  Hamilton  and  formed 
the  Federalist  party,  or  the  party  of  hroad  construction. 

The  centrifugal  tendencies  of  the  time  were  reinforced 
by  the  genius  of  Thomas  Jefferson.  That  statesman  was 
jealous  of  the  power  of  the  federal  government.  He  was 
afraid  the  central  authority  would  encroach  upon  the 
rights  of  the  States  and  of  individuals.  In  order  to  pre- 
vent this,  he  advocated  a  strict  construction  of  the  Con- 
stitution. He  believed  that  the  only  proper  subjects  for 
the  action  of  Congress  were  those  enumerated  in  the  Con- 
stitution. If  a  new  power  should  be  desirable,  he  believed 
it  should  be  secured  by  way  of  amendment  and  not  by  way 
of  interpretation.  Those  who  held  the  same  views  as 
Jefferson  joined  with  him  and  organized  the  Democratic- 
RepuUican  party,  or  the  party  of  strict  construction. 

The  line  that  divided  the  party  of  Hamilton  from  the 
party  of  Jefferson  may  be  clearly  traced  throughout  our 
history  as  the  dividing  line  of  the  two  great  parties,  and 
it  is  the  dividing  line  to-day.  The  Republican  party  is 
descended  from  the  Federalists,  and  is  the  party  of  broad 
construction;  the  Democratic  party  comes  in  unbroken 
succession  from  the  Democratic-Republican  party,  and  is 
the  party  of  strict  construction. 

Political  Parties  of  To-day.  The  line  that  divided  the 
party  of  Hamilton  from  the  party  of  Jefferson  has  never 


72  THE  AMERICAN  DEMOCRACY 

been  wholly  erased.  It  can  be  clearly  traced  at  every 
period  of  our  history,  and  even  to-day  it  is  distinguishable 
as  the  line  of  cleavage  between  the  two  parties  that  are 
the  chief  contestants  for  power.  The  Republican  party  is 
descended  from  the  Federalists,  and  may  usually  be  relied 
upon  to  construe  the  Constitution  broadly  and  magnify 
the  federal  power.  The  Democratic  party  comes  in  un- 
broken succession  from  the  Democratic-Republican  party 
of  Jeffersonian  times.  It  professes  adherence  to  the  doc- 
trines of  its  founder,  and  as  a  rule  it  may  be  relied  upon 
to  place  a  rather  strict  interpretation  upon  the  Constitu- 
tion. 

It  must  not  be  thought,  however,  that  the  Democratic 
party  is  always  the  enemy  of  broad  construction,  or  that 
its  adversaries  always  oppose  strict  construction.  For  the 
principles  of  a  great  political  party  are  quite  elastic.  In 
order  to  get  votes  a  party  will  often  cut  away  from  its 
historic  moorings.  For  example,  in  1867  the  Conservative 
party  in  England  ignored  its  past  and  advocated  an  ex- 
tension of  the  suffrage,  while  the  Liberal  party  turned 
right  about  face  and  opposed  the  extension  of  the  suffrage. 
This  seems  to  be  the  way  of  all  political  parties  once  they 
have  grown  powerful:  for  the  sake  of  votes  and  victory 
they  will  adapt  their  principles  to  the  issues  of  the  day. 
We  must  not,  therefore,  expect  to  find  either  the  Demo- 
cratic party  or  the  Republican  party  steering  a  perfectly 
straight  course.  Each  of  these  parties  is  a  mighty  organi- 
zation, and  the  leaders  of  each  are  striving  for  supremacy. 
Since  victory  depends  upon  Azotes,  it  happens  not  infre- 
quently that  the  party  sails  are  trimmed  to  the  popular 
breeze,  regardless  of  the  teachings  of  the  ancient  political 
faith. 

The  Democratic  and  Republican  parties  are  the  chief 
lit  not  the  only  contestants  for  power;  for,  in  addition  to 
the  two  great  organizations,  there  is  usually  in  the  political 
field  one  or  more  smaller  parties.  Of  the  minor  groups  the 
Socialist  party  is  the  largest  and  most  important.     This 


PARTY  GOVERNMENT  73 

party  was  organized  with  the  view  of  furthering  the  cause 
of  Socialism  (p.  280).  Since  1900  it  has  regularly  con- 
ducted a  campaign  for  the  Presidency. 

Throughout  our  history  new  or  '* third  parties,"  as  they 
are  often  called,  have  been  organized  from  time  to  time 
as  new  political  issues  have  arisen.  But  to  organize  a 
third  party  and  carry  it  to  complete  victory  is  a  task  that 
has  never  been  accomplished.  We  have  had  many  ''third 
parties,"  but  the  history  of  them  all  is  the  same.  ''At 
the  beginning,  a  new  issue,  which  neither  of  the  old  parties 
has  the  courage  to  face  resolutely,  leads  a  certain  number 
of  persons  to  separate  themselves  from  the  organization 
with  which  they  have  previously  acted  and  to  form  a  new 
party.  The  movement  originates  with  the  people  and  not 
with  the  politicians,  and  the  candidates  nominated  by  the 
new  party  are  new  men.  As  soon  as  the  movement  has 
developed  enough  strength  to  make  the  votes  it  can  com- 
mand an  object  of  envy  to  the  weaker  of  the  old  parties, 
a  period  of  coquetry  begins.  At  first  there  is  trading  for 
positions  on  a  fusion  ticket  by  two  independent  parties, 
then  there  is  a  gradual  drawing  together  of  the  two  parties 
with  nearly  identical  platforms  [principles]  and  a  com- 
mon ticket,  and  in  the  end  a  complete  absorption  of  the 
third  party  by  its  more  powerful  ally. ' '  ^  When  the  ab- 
sorption of  a  new  issue  by  an  old  party  results  in  suc- 
cess, as  it  frequently  has  resulted,  the  people  attain  their 
object  much  more  quickly  than  they  would  by  the  tedious 
process  of  building  a  new  party. 

Political  Parties  and  the  Individual.  Political  parties  are 
voluntary  associations  formed  outside  of  the  pale  of  gov- 
ernment. They  are  not  formally  recognized  as  agencies 
of  government,  and  until  quite  recently  they  have  had  no 
legal  existence  whatever.  Nevertheless  ours  is  a  govern- 
ment by  party:  no  important  policy  of  government, 
whether  federal,  Stajte,  or  local,  can  be  adopted  without 

1  Stanwood,   "History  of  the  Tariff."   Vol,  II,  p.  361. 


74  THE  AMERICAN  DEMOCRACY 

the  sanction  of  a  party,  and  it  is  seldom  indeed  that  a 
person  is  elected  to  an  important  office  who  has  not  first 
received  the  indorsement  of  a  party.  Thus  far  no  one 
has  been  able  to  show  how  popular  government  on  a  large 
scale  can  be  conducted  without  the  aid  of  parties. 

Since  we  must  have  parties  and  must  accomplish  our 
political  purposes  through  them,  the  relation  of  the  indi- 
vidual to  his  party  presents  itself  as  a  serious  problem  of 
citizenship.  For  reasons  known  to  himself,  a  man  has 
been  acting  with  a  certain  party :  under  what  circumstances 
may  he  as  a  good  citizen  leave  his  party?  His  entrance 
into  the  party  was  a  matter  of  choice,  and  he  is  as  free  to 
withdraw  from  it  as  he  was  to  enter  it.  He  is  under  no 
legal  obligation  to  remain  in  his  party,  but  is  he  not  under 
a  moral  obligation  to  withdraw  from  it  when  his  judgment 
or  his  conscience  tells  him  that  its  course  is  wrong  and 
that  the  course  of  another  party  is  right?  When  party 
loyalty  leads  a  man  into  voting  for  dangerous  measures 
and  dishonest  candidates,  he  is  not  a  free  citizen,  but  is  the 
victim  of  a  despotism.  Party  loyalty  is  a  good  thing,  but 
loyalty  to  the  interests  of  one's  country  is  an  infinitely 
better  thing;  and  when  a  man  is  convinced  that  his  party 
is  pursuing  an  unpatriotic  course  he  should  break  away 
from  it,  despite  the  cracking  of  the  party  lash. 

Questions  on  the  Text 

1.  For  what  purpose  are  political  parties  organized? 

2.  Describe  the  centrifugal  and  centripetal  forces  of  politics. 

3.  What    were    the    political    views    of    Alexander    Hamilton?    of 
Thomas  Jefferson? 

4.  What  two  parties  are  the  chief  contestants  for  power?  What 
can  you  say  of  the  elasticity  of  party  principles? 

5.  Name  the  most  important  of  the  minor  parties.  How  are  new 
issues  absorbed  by  the  great  parties? 

6.  In  what  relation  does  the  political  party  stand  to  government? 

7.  In  what  relation  does  the  individual  stand  to  his  party? 
When  should  this  relation  be  severed? 


PARTY  GOVERNMENT  75 

Suggestive  Questions  and  Exercises 

1.  State  whether  a  Democrat  who  was  guided  solely  by  the  tradi- 
tions and  principles  of  his  party  would  favor  or  oppose:  (a)  the  con- 
trol of  railroads  by  the  federal  government;  (&)  the  issue  of 'money 
by  State  banks;  (c)  the  management  of  elections  by  the  federal  gov- 
ernment; (d)  the  control  of  telegraph  lines  by  the  State  govern- 
ment; (e)  the  planting  of  colonies  by  the  federal  government;  (/) 
the  support  of  the  public  schools  by  the  federal  government;  (g)  the 
ownership  of  mines  by  the  State  government;  (h)  the  control  of 
cities  by  the  federal  government;  (i)  the  cooperation  of  the  federal 
government  with  local  government  in  road-building. 

2.  What  influences  besides  party  principles  lead  one  to  vote  for 
this  or  that  party? 

3.  Give  reasons  why  it  is  best  that  the  party  in  power  should 
have  opposition  even  though  its  principles  are  right. 

4.  Compare  the  last  national  Democratic  platform  with  the  last 
national  Republican  platform,  and  point  out  the  chief  diflference  in 
the  principles  of  the  two  parties, 

5.  How  many  people  voted  for  the  Democratic  party  in  the  J.ast 
presidential  election?  How  many  for  the  Republican  party?  If  the 
Republican  vote  for  that  year  should  be  represented  by  a  line  one 
yard  in  length,  how  long  would  be  the  line  that  should  represent  the 
Democratic  vote  ?     How  long  the  line  representing  the  Socialist  vote  ? 

6.  Name  a  few  of  the  great  politicians  who  have  figured  in  the 
history  of  this  country.  Who  are  the  great  politicians  of  the  pres- 
ent time? 

7.  What  is  a  statesman?  a  partizan?  a  trimmer?  a  mugwump?  an 
independent?  a  henchman? 

8.  Distinguish  between  a  "boss"  and  a  leader. 

9.  Define  faction,  cabal,  junto,  'Wing,"  clique. 

10.  Under  what  circumstances  is  a  man  justified  in  deserting  his 
party  ? 

11.  Give  an  account  of  the  organization  and  purposes  of  the  Non- 
Partizan  League.  What  does  the  word  non-partizan  mean?  the  word 
hi-partizan? 

Topics  fob  Special  Work 

1.  The  Political   Party:    Holcombe,   165-202. 

2.  The  Necessities  of  Strong  Parties  in  the  United  States:  Jones, 

20-27. 

3.  Party    Government    in    England    and    the    United    States    Con- 

trasted: Jones,  1-11. 

4.  Functions  of  Political  Parties:    Gettell,  401-404. 

5.  Political  Parties:   Munro,  312-329. 

6.  Origin  of  Parties  in  the  United  States:  Beard,  103-108. 


XI 

CIVIL  LIBERTY 

We  have  now  given  an  account  of  the  several  devices  by  which  our 
political  system  is  operated,  and  have  described  the  nature  of  the 
power  that  has  been  assigned  to  each  of  the  three  grades  of  govern- 
ment. For  what  purposes  have  these  ingenious  devices  been  in- 
vented? Why  have  these  nice  adjustments  of  power  been  made? 
In  order  that  we  may  be  secure  in  our  civil  liberty.  In  a  free  coun- 
try this  is  a  question  in  which  every  citizen  should  be  deeply  con- 
cerned, for  liberty  is  one  of  the  greatest  things  in  the  world. 

Civil  Liberty  Defined.  Civil  liberty  is  the  liberty  that  a 
man  enjoys  in  civil  society;  it  is  liberty  under  law.  The 
desire  for  freedom  is  implanted  in  every  human  breast. 
History  is  largely  an  account  of  man's  struggle  for  free- 
dom, and  the  greatest  lesson  that  history  has  for  us  teaches 
that  man  ought  to  be  free.  But  there  must  be  limits  to 
his  freedom.  Where  there  is  government  there  must  be 
restraints  upon  the  will  and  upon  the  desires.  The  only 
liberty  that  is  possible  in  society  is  civil  liberty,  which  has 
been  defined  as  natural  liberty  so  far  restrained  (and  so 
far  only)  as  is  necessary  and  expedient  for  public  good. 
The  restraints  regarded  as  necessary  and  expedient  for 
the  public  good  are  not  the  same  in  all  countries.  Civil 
liberty,  therefore,  is  not  everywhere  the  same :  in  Germany 
it  is  one  thing;  in  France  it  is  another  thing;  and  in  the 
United  States  it  is  still  another  thing. 

Growth  of  American  Civil  Liberty.  The  rights  of  our 
citizenship  seem  to  come  to  us,  like  the  air  and  the  sun- 
shine, as  a  matter  of  course;  but  it  seemed  otherwise  to 
those  ancestors  of  ours  who  secured  these  rights.  To  them 
civil  liberty  came  as  the  result  of  hard-fought  battles. 
When  we  read  the  bill  of  rights  in  one  of  our  constitutions, 

76 


CIVIL  LIBERTY  77 

where  our  liberties  are  itemized,  our  hearts  would  throb 
with  gratitude  did  we  know  the  suffering  and  the  sacrifice 
that  each  item  has  cost.  The  history  of  American  liberty 
can  not  be  given  here  in  full,  but  we  must  find  room  for 
its  outlines: 

I.  The  Great  Charter.  The  story  of  our  civil  liberty 
may  conveniently  begin  w^ith  an  account  of  the  Great 
Charter.  King  John  of  England  had  been  acting  in  a 
tyrannical  and  unpatriotic  way,  and  the  leading  men  of 
England,  in  order  to  protect  themselves  from  his  cruelty 
and  oppression,  met  (1215  a.  d.)  at  Runnymede,  near  Lon- 
don, and  declared  the  rights  of  Englishmen  in  a  formal 
document  which  they  compelled  the  King  to  sign.  This 
document  was  the  famous  Magna  Carta.  ''One  copy  of 
it,"  says  Green,  ''still  remains  in  the  British  Museum,  in- 
jured by  age  and  fire,  but  with  the  royal  seal  still  hanging 
from  the  brown  shriveled  parchment.  It  is  impossible  to 
gaze  without  reverence  on  the  earliest  monument  of  English 
freedom,  which  we  can  see  with  our  own  eyes  and  touch 
with  our  hands — ^the  Great  Charter,  to  which,  from  age  to 
age,  patriots  have  looked  back  as  the  basis  of  English 
liberty." 

Since  the  Great  Charter  is  the  basis  of  English  liberty, 
it  is  the  basis  also  of  American  liberty.  It  consists  of  a 
preamble  and  sixty-three  clauses.  The  clauses  of  lasting 
interest  are  the  following : 

(1)  "Common  Pleas  shall  not  follow  the  king's  court, 
but  shall  be  held  in  some  certain  place."  (John  had  been 
dragging  suitors  for  justice  about  from  post  to  pillar,  caus- 
ing them  great  inconvenience  and  expense.) 

(2)  "A  freeman  shall  be  fined  for  a  small  offense  after 
the  manner  of  the  offense ;  for  a  great  crime  after  the  hein- 
ousness  of  it."     (Making  the  punishment  suit  the  crime.) 

(3)  "No  scutage  [land  tax]  or  aid  [contribution]  shall 
be  imposed  except  by  the  common  council  of  the  nation." 
(No  taxation  without  representation.) 

(4)  "No  freeman  shall  be  taken  or  imprisoned  or  dis- 


78  THE  AMERICAN  DEMOCRACY 

seized,  or  outlawed,  or  exiled,  or  in  any  way  destroyed ;  nor 
will  we  go  upon  him,  nor  will  we  send  upon  him,  unless  by 
the  lawful  judgment  of  his  peers,  or  by  the  law  of  the 
land."     (Due  process  of  law  and  trial  by  jury.) 

(5)  *'To  none  will  we  sell,  to  none  will  we  deny  or  de- 
lay right  or  justice."     (Habeas  corpus.) 

(6)  ''The  city  of  London  shall  have  all  its  ancient  liber- 
ties and  free  customs,  and  so  of  all  other  cities,  boroughs, 
towns,  and  ports."     (Local  self-government.) 

Swift  and  impartial  justice,  punishment  according  to  the 
offense  committed,  taxation  according  to  the  wishes  of  rep- 
resentatives of  the  people,  trial  by  jury,  habeas  corpus, 
local  self-government — these  are  the  grand  features  of  the 
Great  Charter.  ''To  have  produced  it,  to  have  matured 
it,  to  have  preserved  it,  constitute  the  immortal  claim  of 
England  upon  the  esteem  of  mankind.  Her  Bacons  and 
Shakespeares,  her  Miltons  and  Newtons,  with  all  the  truth 
which  they  have  inspired,  are  of  inferior  value  when  com- 
pared with  the  subjection  of  men  and  of  their  rulers  to  the 
principles  of  justice,  if  indeed  it  be  not  more  true  that 
these  mighty  spirits  could  not  have  been  formed  except 
under  equal  laws,  nor  roused  to  full  activity  without  the 
influence  of  that  spirit  which  the  Great  Charter  breathed 
over  our  forefathers."^ 

II.  The  Petition  of  Right.  It  is  easy  to  declare  human 
rights,  but  it  is  difficult  to  defend  and  preserve  them. 
John's  successors  confirmed  the  Great  Charter  whenever 
they  were  compelled  to  do  so,  but  they  violated  its  pro- 
visions whenever  they  dared.  During  the  fifteenth  and 
sixteenth  centuries  the  aggressions  of  royalty  threatened 
to  make  IMagna  Carta  a  dead  letter ;  but  in  the  seventeenth 
century  the  spirit  of  English  liberty  revived.  When  the 
Stuarts  began  to  trample  under  foot  the  most  precious 
rights  of  Englishmen,  the  people  revolted.  A  long  and 
bloody  conflict  followed.  One  king  lost  his  life,  another 
his  crown,  and  thousands  of  citizens  fell  in  civil  strife. 

1  Mackintosh,    "History   of   England,"    Vol.   I.    222. 


CIVIL  LIBEETY  79 

Out  of  the  contests  there  were  evolved  two  liberty  docu- 
ments of  the  highest  importance.  The  first  of  these  is 
the  Petition  of  Right,  which  Parliament  sent  to  Charles  I 
in  1628  and  compelled  him  to  sign.  This  famous  constitu- 
tional law — for  it,  like  the  Great  Charter,  must  be  re- 
garded as  part  of  EnglanVi's  constitution — recites  the 
rights  of  the  people,  and  protests  against  the  wanton  in- 
fringements which  were  being  made  by  the  King.  Among 
the  misdeeds  of  the  King  were  the  quartering  of  troops  in 
the  homes  of  private  citizens.  The  petition  prays:  '^That 
your  majesty  will  be  pleased  to  remove  said  soldiers  and 
mariners,  and  that  your  people  may  not  be  so  burdened 
in  time  to  come. '^  Another  complaint  refers  to  the  prac- 
tice of  putting  citizens  to  death  after  a  trial  conducted  by 
the  soldiery.  The  petition  prays:  ''That  commissions  by 
martial  law  be  revoked  and  annulled."  The  Petition  of 
Right,  therefore,  declared  anew  formally  the  ancient  rights 
of  Englishmen,  and  also  enriched  their  civil  liberty  in  two 
particulars :  first,  it  forbade  the  quartering  of  troops  upon 
private  citizens;  and,  second,  it  put  an  end  to  the  trial  of 
private  citizens  by  military  courts. 

III.  The  Bill  of  Rights.  No  sooner  had  the  Cromwell- 
ian  power  been  overthrown  and  the  old  monarchy  restored 
Under  Charles  II  than  the  perversity  of  the  Stuart  house 
renewed  itself.  James  II  attempted  to  establish  a  perma- 
nent despotism,  but  he  was  driven  from  his  throne  before  his 
purpose  was  accomplished.  When  his  successor,  William 
III,  was  invited  to  be  king.  Parliament,  as  an  act  of  pre- 
caution, declared  (1689)  the  conditions  upon  which  the 
crown  was  to  be  held.  This  declaration,  known  as  the  Bill 
of  Rights,  was  the  second  liberty  document  produced  by 
the  conflict  between  the  Stuarts  and  the  people,  a  document 
that  has  been  called  ''the  third  great  charter  of  English 
liberty,  and  the  coping-stone  of  the  constitutional  build- 
ing." The  most  important  of  its  declarations  are  the 
following : 

(1)  That  laws  shall  not  be  suspended  or  repealed,  and 


80  THE  AMERICAN  DEMOCRACY 

that  taxes  shall  not  be  levied,  without  consent  of  Parlia- 
ment. 

(2)  That  the  right  of  petition  shall  not  be  denied. 

(3)  That  a  standing  army  shall  not  be  kept  in  time  of 
peace. 

(4)  That  subjects  shall  not  be  deprived  of  the  right  of 
carrying  arms. 

(5)  That  freedom  of  speech  and  debate  in  Parliament 
shall  not  be  impeached  or  questioned  in  any  place  out  of 
Parliament. 

(6)  That  excessive  bail  ought  not  to  be  required,  nor  ex- 
cessive fines  imposed,  nor  cruel  and  unusual  punishments 
inflicted. 

(7)  That  Parliament  ought  to  assemble  frequently. 

IV.  The  Declaration  of  Independence.  The  rights  won 
in  England  accrued,  of  course,  to  the  English  colonists  in 
America.  When  the  time  for  independence  arrived,  the 
Americans  had  several  important  items  to  add  to  the  list 
of  human  rights.  These  they  announced  in  the  Declaration 
of  Independence.     They  declared: 

(1)  That  all  men  are  equal. 

(2)  That  governments  derive  their  just  powers  from  the 
consent  of  the  governed. 

(3)  That  for  good  reasons  the  people  may  abolish  the  old 
form  of  government  and  institute  a  new  form. 

In  these  three  propositions  are  wrapped  up  the  whole 
doctrine  of  demecracy.  In  them  we  see  equality  before  the 
law,  universal  suffrage,  democratic  government,  and  consti- 
tutional conventions.  When  we  consider  the  world-wide 
influence  of  these  three  declarations  we  must  regard  them 
as  the  greatest  enlargement  of  civil  liberty  recorded  in  the 
history  of  politics. 

V.  State  Constitutions.  When  the  people  of  the  revolt- 
ing colonies  were  ready  to  begin  government  on  their  own 
account,  the  Great  Charter,  the  Petition  of  Right,  the  Bill 
of  Rights,  and  the  Declaration  of  Independence  served  as 
texts  for  a  new  and  complete  declaration  of  American  civil 


CIVIL  LIBERTY 


81 


82  THE  AMERICAN  DEMOCRACY 

liberty.  This  declaration  was  made  in  the  State  constitu- 
tion of  the  newly  formed  States.  If  you  will  examine  the 
bill  of  rights  in  any  State  constitution — the  newer  States 
have  fashioned  their  constitutions  after  those  of  the  older 
States — you  will  find  that  it  declares  the  rights  affirmed  in 
the  three  great  English  liberty  documents  and  in  the  Dec- 
laration of  Independence.  If  it  does  more  than  this  it 
simply  adds  several  additional  rights  that  have  been  evolved 
from  American  experience. 

VI.  The  Federal  Constitution.  We  have  seen  that  the 
first  ten  amendments  were  hurriedly  added  to  the  Consti- 
tution as  a  check  upon  the  power  of  the  federal  government. 
The  first  eight  of  these  amendments  bear  a  strong  resem- 
blance to  the  bill  of  rights  of  a  State  constitution,  and  are 
regarded  as  the  bill  of  rights  of  the  federal  Constitution. 
It  ought  to  be  clearly  understood,  however,  that  the  rights 
declared  in  these  amendments  do  not  belong  to  the  Amer- 
ican citizen  unless  they  are  also  declared  in  the  constitution 
of  the  State  in  which  the  citizen  lives.  The  federal  govern- 
ment cannot  deprive  a  citizen' of  any  of  these  rights,  but 
the  State  can.  For  example,  Congress  cannot  abridge  the 
freedom  of  speech,  but  a  State  legislature  can  do  so  if  the 
State  constitution  does  not  forbid.  The  federal  government 
can  not  guarantee  the  rights  that  the  Constitution  forbids 
it  to  infringe.  It  is  to  the  State  constitution  that  we  must 
look  for  most  of  the  positive  guaranties  of  our  civil  liberty. 

Constitutional  Liberty  and  Its  Preservation.  Thus  it  is 
seen  that  civil  liberty  in  America  means  constitutional  lib- 
erty. In  the  constitutions  we  find  set  down  in  black  and 
white  precisely  the  rights  we  are  to  enjoy.  The  constitu- 
tions, however,  do  not  create  civil  liberty.  Liberty  is  not 
an  artificial  creation  of  a  convention.  It  is  a  divine  gift 
bestowed  only  upon  those  who  make  themselves  worthy  of 
it  by  being  true  to  the  nobler  impulses  and  longings  of 
their  nature.  All  the  constitution  can  do  is  to  give  liberty 
a  voice.     It  states  in  plain  words  the  rights  that  the  people 


CIVIL  LIBERTY  83 

claim.  When  rulers  are  tempted  to  act  tyrannically,  the 
solemn  prohibitions  of  the  constitution  bid  them  pause; 
when  the  majority  is  tempted  to  ignore  the  rights  of  the 
minority  or  of  the  individual,  the  words  of  the  constitution 
stare  it  in  the  face.  If  people  or  ruler's  violate  the  bill  of 
rights,  then  the  constitution  is  a  mockery  and  civil  liberty 
does  not  exist. 

Constitutions  do  not  create  rights,  nor  do  they  preserve 
them.  We  have  seen  that  American  civil  liberty  is  the 
fruitage  of  many  centuries  of  costly  and  patriotic  en- 
deavor. As  it  has  been  acquired,  so  will  it  be  maintained. 
The  preservation  of  human  rights  will  always  depend  upon 
the  watchfulness  and  zeal  of  those  who  love  freedom.  If 
we  do  not  love  freedom  well  enough  to  fight  for  it,  if  we 
prefer  the  quietude  of  despotism  to  the  boisterousness  of 
liberty,  we  may  be  sure  that  the  lovers  of  power  will  sooner 
or  later  fasten  a  despotism  upon  us. 

Questions  on  the  Text 

1.  Define  civil  liberty. 

2.  What  is  the  Great  Charter?  What  are  its  important  pro- 
visions ? 

3.  What  is  the  Petition  of  Right?  Name  its  most  important  pro- 
visions. 

4.  What  is  the  Bill  of  Rights?  Name  its  most  important  decla- 
rations. 

5.  What  great  principles  of  democracy  are  declared  in  the  Decla- 
ration of  Independence? 

6.  Of  what  is  the  bill  of  rights  in  the  State  constitution  com- 
posed ? 

7.  What  is  the  origin  of  the  bill  of  rights  of  the  federal  Consti- 
tution? How  does  this  differ  from  the  bill  of  rights  of  a  State 
constitution  ? 

8.  Explain  the  statement  that  civil  liberty  is  constitutional 
liberty. 

9.  How  may  constitutional  liberty  be  preserved? 

Suggestive  Questions  and  Exercises 

1.  Prepare  a  bill  of  rights  for  a  State  constitution,  using  Magna 
Carta,  the  Petition  of  Right,  the  Bill  of  Rights,  and  the  Declaration 
of  Independence  as  a  basis,  and  after  it  is  prepared  compare  it  with 
the  bill  of  rights  of  your  State  constitution,  and  with  the  first  eight 
amendments  of  the  federal  Constitution. 


84  THE  AMERICAN  DEMOCRACY 

2.  Bring  into  the  class  for  inspection  a  facsimile  of  Magna  Carta. 

3.  Prepare  a  five-minute  paper  on  "The  Reign  of  John."     Green's 
"Short  History,"  pp.   147-156. 

4.  Prepare  a  five-minute  paper  on  "Charles  First  and  the  Petition 
of  Right."     Green,  pp.  48.5-495. 

5.  In  what  respects  are  men  equal? 

6.  What  great  names  are  connected  with  the  cause  of  American 
liberty  ? 

Topics  for  Special  Work 

1.  The  Principles  of  the  Fathers:  Woodburn,  1-45. 

2.  Liberty,  Equality,  Fraternity:    Dole,  78-87. 

3.  Meaning  of  Civil  Liberty:  Gettell,  160-161. 

4.  Civil  Liberty  in  the  United  States:   Gettell,  163-165. 

5.  Liberty  and' Authority :  Gettell,  161-163. 


XII 

CIVIL  RIGHTS  AND  DUTIES 

In  the  preceding  chapter  we  learned  how  we  came  into  our  heritage 
of  civil  liberty.  In  this  chapter  we  shall  learn  what  the  particular 
1  ights  of  American  civil  liberty  are,  from  what  source  these  rights 
flow,  what  persons  are  entitled  to  enjoy  them,  and  what  duties  must 
be  performed  as  the  price  of  enjoying  them. 

Civil  Rights  and  Political  Rights.  The  rights  flowing 
from  American  civil  liberty  may  be  divided  into  two 
classes:  political  rights  and  civil  rights.  Political  rights 
are  those  belonging  to  a  citizen  regarded  as  a  participator 
in  public  affairs,  or  as  a  member  of  the  electorate  (p.  10) ). 
Civil  rights  are  those  that  a  person  enjoys  as  a  private 
citizen,  as  an  individual.  Civil  rights,  however,  are  not 
enjoyed  by  all  citizens  alike,  for  citizenship  does  not  carry 
with  it  the  whole  body  of  civil  liberty.  For  example,  little 
children  and  incapables  are  citizens,  yet  they  do  not  have 
all  the  civil  rights. 

Who  Are  Citizens?  Who  are  the  persons  entitled  to  the 
blessings  of  civil  liberty?  Who  are  American  citizens? 
This  question  was  left  in  doubt  by  the  Constitution  until 
the  adoption  of  the  fourteenth  amendment  in  1868.  That 
amendment  declares  (150)  that  ''all  persons  born  or 
naturalized  in  the  United  States  and  subject  to  the  juris- 
diction thereof  are  citizens  of  the  United  States  and  of  the 
State  wherein  they  reside."  Under  this  definition  the 
following  have  been  adjudged  to  be  citizens  of  the  United 
States : 

(1)  All  persons  born  in  the  United  States,  excepting  the 
children  of  diplomatic  agents  and  of  hostile  aliens, 

85 


86  THE  AMERICAN  DEMOCRACY 

(2)  Children  born  in  foreign  countries  whose  parents 
at  the  time  of  their  birth  were  citizens  of  the  United 
States. 

(3)  Women  of  foreign  birth  married  to  citizens  of  the 
United  States. 

(4)  Indians  who  pay  taxes  and  no  longer  live  in  tribal 
relations. 

(5)  Naturalized  persons. 

Persons  who  do  not  belong  to  any  of  the  above  classes 
are  aliens  {alieni,  foreigners).  Aliens  may  become  citizens 
by  complying  with  the  regulations  prescribed  by  Congress 
for  naturalization  (48),  the  process  by  which  foreigners 
lose  citizenship  in  one  country  and  acquire  it  in  another. 
(See  page  325.) 

Civil  Rights  of  State  Citizenship.  The  American  citizen 
finds  that  his  rights  flow  from  two  sources:  from  the  State 
and  from  the  nation.  Since  each  State  in  a  large  measure 
determines  for  itself  the  character  of  the  civil  liberty  that 
is  to  be  enjoyed  within  its  borders,  the  rights  of  an  Amer- 
ican citizen  are  not  everywhere  the  same.  As  we  travel 
through  the  States  our  rights  change  every  time  we  pass 
from  one  State  into  another.  When  the  citizen  of  one 
State  enters  another  State  he  has  the  rights  of  the  citizens 
of  that  State  (116),  and  those  rights  only.  There  are, 
however,  certain  civil  rights  that  are  enjoyed  in  every  State 
in  the  Union  and  that  may  be  called  the  civil  rights  of 
State  citizenship.  These  are  the  rights  guaranteed  in  the 
State  constitutions.  In  the  constitution  of  almost  every 
State  it  is  declared: 

(1)  That  all  men  have  the  right  of  enjoying  and  de- 
fending life  and  liberty;  of  acquiring,  possessing,  and  pro- 
tecting property  and  reputation;  and  of  pu:\jLung  their 
own  happiness. 

(2)  That  men  have  a  right  to  worship  God  according  to 
the  dictates  of  their  own  conscience,  and  that  no  prefer- 
ence by  law  should  be  given  to  any  religion,  and  that  no 


CIVIL  RIGHTS  AND  DUTIES  87 

person  should  be  disqualified  for  office  on  account  of  his 
religious  belief. 

(3)  That  trial  by  jury  is  a  right  inviolate. 

(4)  That  the  printing-press  shall  be  free,  and  that  every 
citizen  may  freely  print,  write,  and  speak  on  any  subject, 
being  responsible  for  the  abuse  of  this  privilege. 

(5)  That  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions  against  unreasonable  searches  and 
seizures,  and  that  no  warrant  to  search  any  place  or  seize 
any  person  shall  issue  without  probable  cause. 

(6)  That  in  all  criminal  prosecutions  the  accused  has  a 
right  to  be  heard  by  himself  and  his  counsel,  to  meet  wit- 
nesses face  to  face,  to  compel  witnesses  who  are  in  his  favor 
to  come  to  court  and  testify,  and  to  a  speedy  trial  by  an 
impartial  jury. 

(7)  That  no  person  can  be  compelled  to  give  evidence 
against  himself,  nor  be  deprived  of  his  life,  liberty,  or 
property,  unless  by  the  law  of  the  land. 

(8)  That  no  person  for  the  same  offense  shall  be  twice 
put  in  jeopardy  of  life  and  limb. 

(9)  That  all  courts  shall  be  open,  and  that  every  man 
shall  have  justice  without  sale,  denial,  or  delay. 

(10)  That  excessive  bail  shall  not  be  required,  nor  ex- 
cessive fines  be  imposed,  nor  cruel  punishment  inflicted. 

(11)  That  all  prisoners  shall  be  bailable  by  sufficient 
sureties,  unless  for  capital  offenses. 

(12)  That  the  writ  of  habeas  corpus  (p.  242)  shall  not  be 
suspended  unless  in  time  of  rebellion  or  invasion. 

(13)  That  there  shall  be  no  imprisonment  for  debt,  un- 
less in  cases  of  fraud. 

(14)  That  citizens  have  a  right  to  assemble  in  a  peace- 
able manner  and  to  apply  to  the  rulers  for  a  redress  of 
grievances. 

(15)  That  the  military  shall  at  all  times  be  kept  in  strict 
subordination  to  the  civil  power. 

(16)  That  no  soldier  in  time  of  peace  be  quartered  in 
any  house  without  consent  of  the  owner. 


88  THE  AMERICAN  DEMOCRACY 

Civil  Rights  of  Federal  Citizenship.  The  first  section  of 
the  fourteenth  amendment  to  the  Constitution  (150) 
creates  a  distinct  federal  citizenship,  and  provides  that  no 
State  shall  abridge  the  privileges  of  that  citizenship. 
What  are  the  privileges  that  a  citizen  of  the  United  States 
enjoys  and  that  no  State  can  abridge?  This  question  has 
been  constantly  asked  in  the  federal  Supreme  Court  since 
the  adoption  of  the  fourteenth  amendment.  The  court 
will  not  undertake  to  enumerate  all  the  rights  arising  under 
the  amendment,  but  it  has  been  declaring  them  from  time 
to  time  as  cases  have  been  brought  before  it.  Human 
rights  are  acquired  slowly,  and  it  may  be  many  years  be- 
fore we  shall  know  the  full  effect  of  the  fourteenth  amend- 
ment. At  present  it  is  possible  to  enumerate  the  following 
as  the  rights  of  federal  citizenship :  rights  that  flow  from 
the  Constitution,  that  belong  to  every  citizen  of  the  United 
States,  and  that  can  not  be  denied  by  State  authority: 

I.  Due  Process  of  Law.  No  person  in  the  United  States 
shall  be  deprived  of  life,  liberty,  or  property  without  due 
process  of  law.  Here  is  a  right  that  no  State  can  abridge 
(151)  and  that  the  federal  government  itself  cannot  deny 
(152).     (See  page  241.) 

II.  Equal  Protection  of  the  Laws.  ''Every  person 
within  the  jurisdiction  of  any  State,  whether  he  be  rich  or 
poor,  humble  or  haughty,  citizen  or  alien,  is  assured  of  the 
protection  of  equal  laws  (152) — applicable  to  all  alike  and 
impartially  administered  without  favor  or  discrimination. ' ' 
{Guihrie.)      (See  page  243.) 

III.  Protection  on  the  High  Seas  and  in  Foreign  Coun- 
tries. A  citizen  of  the  United  States,  in  whatever  part  of 
the  world  he  may  be,  is  entitled  to  protection  against  in- 
justice or  injury,  and  this  protection  is  a  right  of  federal 
citizenship,  and  is  extended  by  the  federal  government. 

IV.  State  Citizenship.  Every  citizen  of  the  United 
States  has  a  right  to  become  a  citizen  of  a  State  by  a  hona 
fide  residence  therein. 

The   above   rights   have   been   declared   by  the   federal 


CIVIL  RIGHTS  AND  DUTIES  89 

Supreme  Court  to  belong  to  every  person  who  is  a  citizen 
of  the  United  States.  Add  to  these  rights  of  federal  citizen- 
ship the  rights  enumerated  as  belonging  to  State  citizen- 
ship, and  you  have  a  list  of  the  most  important  civil  rights 
of  the  American  citizen. 

Duties  of  Citizenship.  The  duties  of  citizenship  are  al- 
ways equal  to  its  rights.  If  I  can  hold  a  man  to  his  con- 
tracts, I  ought  (/  owe  it)  to  pay  my  own  debts;  if  I  may 
worship  as  I  please,  I  ought  to  refrain  from  persecuting 
another  on  account  of  his  religion;  if  my  own  property 
is  held  sacred,  I  ought  to  regard  the  property  of  another 
man  as  sacred;  if  the  government  deals  fairly  with  me 
and  does  not  oppress  me,  I  ought  to  deal  fairly  with  it 
and  refuse  to  cheat  it;  if  I  am  allowed  freedom  of  speech, 
I  ought  not  to  abuse  the  privilege;  if  I  have  a  right  to 
be  tried  by  a  jury,  I  ought  to  respond  when  I  am  sum- 
moned to  serve  as  a  juror ;  if  I  have  a  right  to  my  good 
name  and  reputation,  I  ought  not  to  slander  my  neighbor; 
if  government  shields  me  from  injury,  I  ought  to  be  ready 
to  take  up  arms  in  its  defense. 

Civil  rights  are  inseparable  from  civil  duties;  the  con- 
tinued and  full  enjoyment  of  the  former  depends  upon 
the  fulfilment  of  the  latter.  Since  duty  is  largely  a  mat- 
ter of  morals,  good  citizenship  also  would  seem  to  be  a 
question  of  morals.  In  the  last  analysis  this  is  true.  After 
all  is  said,  good  citizenship  is  reached  only  by  the  rough 
path  of  duty,  and  men  will  tread  this  path  not  because  a 
legislature  commands  them,  but  because  conscience  leads 
them  on. 

Questions  on  the  Text 

L  What  Is  meant  by  civil  rights?  political  rights? 

2.  What  classes  of  people  are  citizens  of  the  United  States  ? 

3.  Explain  how  the  rights  of  citizenship  may  differ  in  the  differ- 
ent Statue- 

4.  Enumerate  the  civil  rights  guaranteed  by  the  State. 

5.  What  effect  did  the  adoption  of  the  fourteenth  amendment 
have  upon  the  character  of  citizenship  in  the  United  States? 


90  THE  AMERICAN  DEMOCRACY 

6.  Enumerate  and  describe  the  rights  that  grow  out  of  federal 
citizenship. 

7.  What  is  the  relation  of  civic  right  to  civic  duty?  Name  some 
of  our  civic  duties. 

Suggestive  Questions  and  Exercises 

1.  Examine  the  Constitution  for  answers  to  these  questions: 
(1)  Can  a  person  be  compelled  in  a  federal  court  to  be  a  witness 
against  himself  (138)?  (2)  W3iat  are  the  rights  of  an  accused 
person  in  a  federal  court  (139)  ?  (3)  What  is  the  rule  in  federal 
courts  in  reference  to  witnesses  (140)?  (4)  What  is  the  rule  in 
reference  to  trial  by  jury  (141)  ?     (5)   in  reference  to  bail    (142)  ? 

2.  Under  the  fourteenth  amendment  what  are  the  rights  of  an 
alien?  Enumerate  your  individual  rights  as  these  are  declared  in 
the  constitution  of  your  State. 

3.  Political  philosophers  frequently  speak  of  natural  rights. 
What  is  the  root  meaning  of  the  word  natural  f  Name  the  rights 
that  you  would  be  inclined  to  class  as  natural. 

4.  What  is  meant  by  the  "inalienable  rights"  mentioned  in  the 
Declaration   of    Independence  ? 

5.  Joined  with  every  right  there  is  a  duty.  Name  the  duty  that 
belongs  to  each  of  the  rights  of  American  citizenship. 

6.  Discover,  if  you  can,  a  social  or  civil  right  to  which  there  is 
not  a  duty  attached. 

7.  Has  a  student  a  right  to  study  so  hard  that  his  health  is  in- 
jured thereby? 

8.  Do  you  as  minors  enjoy  all  the  civil  rights?  Name  those  of 
which  you  are  deprived. 

9.  What  does  the  constitution  of  this  State  say  about  aliens? 

Topics  for  Special  Work 

1.  The  Rights  of  Citizenship  and  the   Fourteenth  and  Fifteenth 

Amendments:  Kaye,  100-105. 

2.  Who  are  Citizens?     Munro,  71-77;  Beard,  160-163. 

3.  Acquirement   and   Loss   of   Citizenship   in   the   United   States: 

Gettell,  308-309. 


XIII 
A  REVIEW 

The  Characteristic  Features  of  American  Government. 

The  essentials  of  our  political  system  have  now  been  pre- 
sented. If  we  will  review  the  previous  chapters  and  ana- 
lyze their  contents,  we  shall  find  that  the  characteristic 
features  of  the  American  government  may  be  indicated  in 
the   following   propositions: 

I.  It  is  democratic.  It  is  of  the  people,  and  by  them, 
and  for  them.  In  small  matters  and  in  great  matters  the 
wishes  of  the  people  are  consulted  and  their  will  obeyed. 

II.  It  is  representative.  In  but  few  instances  do  we 
find  the  people  governing  as  a  pure  democracy.  They  are 
content  that  the  actual  business  of  government  shall  be 
conducted  by  chosen  officers. 

III.  Its  powers  are  sharply  separated  and  nicely  bal- 
anced. The  law-maker  has  his  peculiar  duties,  and  so  has 
the  executive  and  the  judge.  Each  department  acts  inde- 
pendently of  the  others.  One  department  may  check  an- 
other, but  it  may  not  control  another  or  usurp  its  powers. 

IV.  It  is  constitutional.  Public  business  is  conducted 
and  laws  are  enacted  according  to  the  plain  provisions  of 
a  formal  instrument.  Officers  of  government  swear  to  sup- 
port the  Constitution  (128),  and  the  people  are  under  a 
solemn  obligation  not  to  violate  it. 

V.  It  is  federal.  Everywhere  a  central  power  admin- 
isters the  great  affairs  that  pertain  to  the  national  wel- 
fare, while  other  affairs  are  left  to  be  administered  by  the 
authority  of  the  State.  The  federal  relation  is  firmly  es- 
tablished and  clearly  defined:  the  State  and  the  federal 

91 


92  THE  AMERICAN  DEMOCRACY 

government  working  together  give  us  a  Union  that  can 
not  be  dissolved,  and  a  State  that  can  not  be  destroyed. 

VI.  It  is  expansive.  It  is  always  extending  the  area 
of  its  influence.  A  community  under  the  protection  and 
authority  of  the  Union  is  usually  admitted  as  a  State  (118) 
soon  after  it  is  prepared  to  govern  itself  in  the  American  way. 

VII.  It  is  decentralized  as  to  local  affairs.  All  power 
does  not  radiate  from  a  central  source.  Large  authority 
resides  in  the  State  as  well  as  in  the  Union,  and  local  self- 
government  lodges  power  in  places  still  further  removed 
from  the  center. 

VIII.  7^  is  conducted  hy  political  parties.  The  popular 
will  is  ascertained  by  the  efforts  of  political  organizations, 
and  the  organization  that  gets  the  most  votes  is  deemed  the 
rightful  possessor  of  political  power. 

IX.  It  yields  a  full  measure  of  civil  liberty.  The 
American  people  are  the  political  heirs  of  all  the  ages. 
Collectively  they  are  provided  with  every  means  of  resist- 
ing tyranny  and  injustice,  while  the  individual  citizen  en- 
joys all  the  civil  and  political  rights  that  can  be  enjoyed 
consistently  with  the  safety  and  welfare  of  society. 

X.  It  rests  upon  the  performance  of  individual  duty. 
The  more  we  study  the  American  government  the  plainer 
this  truth  appears.  We  learned  at  the  outset  that  the 
success  of  democracy  depends  upon  the  conduct  of  indi- 
viduals, and  in  the  examination  of  the  various  political 
contrivances  by  which  our  government  is  operated  we 
have  discovered  no  device  for  relieving  the  individual  of  a 
personal  performance  of  political  duty. 

The  American  Spirit.  Some  one  has  said  that  in  every 
high  school  and  college  there  should  be  a  ''professor  of 
America. ' '  There  is  just  a  little  boastfulness  in  the  utter- 
ance, yet  it  nevertheless  contains  a  sane  suggestion.  One 
of  the  chief  tasks  of  this  "professor  of  America"  would 
be  to  train  his  pupils  to  distinguish  between  that  which  is 
American  and  that  which  is  un-American.     It  should  be 


A  REVIEW  93 

confessed  that  as  far  as  political  matters  are  concerned 
such  a  training  would  be  useful.  It  is  good  to  be  able 
to  stamp  instantly  and  unerringly  a  political  act  or  move- 
ment or  sentiment  as  American  or  as  un-American. 

The  student  ought  at  this  point  to  be  able  to  tell  what 
is  truly  American  and  what  is  not.  It  is  American  to  trust 
the  people,  to  have  implicit  faith  in  their  ability  to  govern 
themselves;  it  is  un-American  to  be  always  carping  at 
democracy  and  predicting  its  downfall.  It  is  American  to 
recognize  the  moral  and  legal  equality  of  men  and  to 
cherish  the  feelings  of  universal  brotherhood;  it  is  un- 
American  to  foster  the  spirit  of  aristocracy  or  of  class 
hatred.  It  is  American  to  give  power  abundantly  to 
leaders  who  have  been  elected  at  the  polls,  for  such  leaders 
are  real  representatives;  it  is  un-American  to  submit 
tamely  to  the  rule  of  a  self-appointed  ''boss."  To  en- 
courage and  sustain  a  department  of  government  when  it 
is  contending  for  its  rights  is  American;  to  aid  in  increas- 
ing the  power  of  a  usurping  department  is  not.  To  accom- 
plish a  political  purpose  by  altering  the  Constitution  in  a 
formal,  deliberate  manner  is  American;  to  act  in  wanton 
disregard  of  constitutional  restraint  is  not.  It  is  Ameri- 
can to  exalt  the  Union,  but  it  is  un-American  to  belittle  the 
State.  It  is  American  for  the  State  authority  to  uphold 
and  maintain  justice  and  law  and  order,  but  is  un-Ameri- 
can to  give  to  the  State  government  the  management  of 
affairs  that  are  purely  local.  It  is  American  to  use  the 
political  party  as  a  means  of  government,  but  to  regard 
party  as  the  end  of  government  is  un-American.  To  en- 
joy every  right  that  belongs  to  a  free  and  enlightened  peo- 
ple is  American,  but  it  is  un-American  to  insist  upon  a 
liberty  that  runs  into  license  and  riot. 

By  adhering  to  the  American  way  we  shall  preserve  the 
spirit  of  the  American  government,  and  the  spirit  of  a 
government  is  as  important  as  its  form.  ''The  letter 
Inlleth,  but  the  spirit  giveth  life."  Indeed,  the  form  of 
the  American  government  is   only  an   outgrowth  of  the 


94  THE  AMERICAN  DEMOCRACY 

spirit  that  animated  its  founders.  The  American  fathers 
loved  liberty  and  believed  the  people  should  have  a  con- 
trolling hand  in  government,  and  they  drew  the  Consti- 
tution in  trend  with  their  affections  and  beliefs.  The 
spirit  of  the  fathers  became  the  spirit  of  the  generations 
that  followed,  and  is  the  American  spirit  to-day.  The  form 
of  our  government  indeed  may  change,  but  as  for  its  spirit 
our  wish  for  that  is  the  same  as  our  wish  for  the  nation  it- 
self— esto  perpetua. 

An  Exercise 

Classify  the  following  as  Airerican  or  un-American,  testing  each 
classification  by  some  fundamental  principle:  (a)  The  people  of  a 
State  choose  as  their  governor  a  man  who  does  not  reside  in  the 
State;  (6)  a  town  with  a  population  of  500  has  as  many  representa- 
tives as  a  city  with  a  population  of  100,000;  (c)  a  man  seeks  a  title 
of  nobility;  {d)  a  pupil  seeks  a  medal  awarded  for  scholarship; 
(e)  the  State  government  controls  the  police  force  of  a  city;  (/)  the 
State  government  controls  the  public  schools  of  a  city;  (g)  the  local 
government  constructs  roads;  (h)  the  federal  government  constructs 
roads;  (i)  the  State  government  constructs  roads;  (i)  a  man  always 
votes  with  his  party;  {k)  a  man  never  votes  at  all;  (l)  the  legis- 
lature raises  the  salary  of  public  employees;  (m)  the  executive 
raises  the  salary  of  public  employees;  (n)  a  man  contends  that  de- 
mocracy is  the  worst  form  of  government;  (o)  a  man  is  punished 
for  contending  that  democracy  is  the  worst  form  of  government; 
ip)  a  man  was  arrested  for  teaching  the  doctrine  of  Buddha;  (q)  a 
legislator  would  not  receive  a  request  to  enact  a  certain  law; 
(r)  there  was  held  a  mass  meeting  at  which  the  representatives  of 
the  people  were  requested  to  enact  a  certain  law;  (s)  there  was  held 
a  mass  meeting  at  which  the  representatives  were  commanded  to 
enact  a  certain  law;  (t)  the  legislature  of  a  State  passed  a  resolu- 
tion denouncing  the  action  of  a  foreign  government;  {u)  a  law  pro- 
vides that  the  governor  shall  appoint  the  county  commissioners; 
(v)  a  law  provides  that  the  governor  shall  appoint  the  county 
judges;  {w)  the  federal  government  informed  the  drivers  of  its 
mail-carts  that  they  might  drive  at  a  speed  greater  than  that  per- 
mitted by  the  local  authorities;  (x)  a  State  made  forty  years  the 
age  qualification  for  voting;  (y)  a  State  made  seventeen  years  the 
age  qualification  for  voting;  (s:)  a  law  forbids  adults  to  be  on  the 
street  after  midnight;  (aa)  a  law  forbids  children  under  twelve 
years  of  age  to  be  on  the  streets  after  10  p.  m.;  (66)  a  law  forbids  a 
group  of  men  to  organize  as  a  political  party. 


PART  II 

ORGANIZATION  OF  THE  AMERICAN 
GOVERNMENT 

The  Form 


XIV 

THE  ORGANIZATION  OF  CONGRESS 

Introductory.  In  Part  I  we  found  the  following  to  be 
the  characteristic  features  of  the  American  government: 
(1)  it  is  democratic;  (2)  it  is  representative;  (3)  its 
powers  are  sharply  separated  and  nicely  balanced;  (4)  it 
is  constitutional;  (5)  it  is  federal;  (6)  it  is  decentralized  as 
to  local  affairs;  (7)  it  is  conducted  by  political  parties; 
(8)  it  guarantees  to  citizens  a  rich  inheritance  of  civil 
liberty.  These  are  the  foundation-stones  of  the  American 
Republic. 

Having  learned  the  broad  fundamental  principles  of  our 
government,  we  may  now  pass  to  the  subject  of  its  organiza- 
tion. In  Part  II  we  shall  study  the  organization  of  (1) 
the  federal  government;  (2)  the  State  government;  (3)  the 
local  government;  and  (4)  political  parties. 

The  organization  of  the  federal  government  is  deter- 
mined by  the  Constitution,  Article  I  providing  for  the 
legislature,  Article  II  for  the  executive,  and  Article  III 
for  the  judiciary.  We  can  learn  in  these  articles  of  the 
qualifications  of  the  principal  federal  functionaries,  of  the 
length  of  their  terms  of  service,  of  the  manner  of  their 
appointment  or  election,  of  their  duties  and  privileges. 
Many  of  the  facts  of  federal  organization  are  stated  in  the 
Constitution  so  clearly  and  fully  as  to  make  it  unnecessary 
to  refer  to  them  in  the  text.  No  important  facts,  how^ever, 
ought  to  be  neglected  by  the  student,  and  he  will  neglect 
none  if,  in  addition  to  answering  the  questions  on  the  text, 
he  will  also  answer  those  questions  at  the  end  of  the  chap- 
ters where  reference  is  made  to  the  Constitution. 

97 


98  THE  AMERICAN  DEMOCRACY 

Representation  in  Congress.  At  the  time  when  the  Con- 
stitution was  framed  many  novel  theories  of  government 
were  in  circulation,  but  fortunately  the  men  of  the  Con- 
vention avoided  ideal  schemes.  As  practical  statesmen 
they  knew  that  if  their  work  was  to  be  successful  they 
must  plan  for  a  central  government  that  should  resemble 
as  nearly  as  possible  the  government  to  which  the  people 
were  already  accustomed.  Accordingly,  it  was  early  de- 
termined by  the  Convention  to  take  the  existing  State  gov- 
ernment, with  its  three  departments,  as  a  pattern  for  the 
federal  structure.  Having  determined  upon  this,  the  next 
problem  was  to  provide  for  a  legislature.  Since  in  all  of 
the  States  but  two  (Georgia  and  Pennsylvania)  the  legis- 
latures were  bicameral,  and  since  a  bicameral  legislature 
is  a  characteristic  institution  of  English-speaking  peoples, 
the  sentiment  for  a  Congress  of  two  houses  easily  carried 
the  day  (2).  Then  arose  the  question:  How  should  the 
States  be  represented  in  Congress?  Should  they  be  repre- 
sented as  they  had  been  under  the  Confederation — one  State, 
one  vote?  should  they  be  represented  according  to  wealth? 
should  they  be  represented  according  to  population? 
These  questions  gave  the  Convention  a  deal  of  trouble. 

Some  of  the  members  wanted  representation  according 
to  wealth ;  but  the  democratic  spirit  in  the  convention  was 
too  strong  for  them.  Virginia  and  several  large  States 
wanted  representation  according  to  population,  while  New 
Jersey  and  several  small  States  contended  that  each  State 
ought  to  have  equal  representation  in  Congress.  Here  was 
a  struggle  between  the  large  States  and  the  small  States,  or, 
regarded  from  another  standpoint,  a  struggle  between  the 
national  principle  and  the  federal  principle.  The  national, 
or  large-State,  party  insisted  that  the  United  States  was  a 
nation,  one  homogeneous  political  society  consisting  of  thir- 
teen sections  or  geographical  districts  called  States,  and 
that  each  of  these  States  ought  to  be  represented  in  the 
federal  Congress  according  to  its  population.  According 
to  this  view,  the  new  government  was  to  be  national,  and 


100  THE  AMERICAN  DEMOCRACY 

if  the  national  principle  had  fully  prevailed  a  government 
resembling  the  centralized  type  (p.  59)  would  have  been 
established.  The  small-State  party  contended  that  the 
United  States  were  thirteen  different  political  societies, 
each  the  judge  of  its  own  political  competency,  each  the 
political  equal  of  another;  and  that,  since  the  new  govern- 
ment was  to  be  a  union  of  equals,  each  State  should  be 
equally  represented  in  the  legislature.  The  supporters  of 
this  idea  desired  the  new  government  to  be  strictly  federal 
and  decentralized. 

The  debate  upon  the  Virginia  plan  and  the  New  Jersey 
plan  continued  without  the  prospect  of  a  satisfactory  con- 
clusion until  Connecticut  came  forward  with  this  propo- 
sition: Let  each  State,  regardless  of  its  population,  be 
represented  in  the  Senate  by  two  senators  (15)  ;  in  the 
House  let  each  State  be  represented  according  to  its  popu- 
lation (7).  The  aged  Franklin  supported  this  com- 
promise. '^When  a  broad  table  is  to  be  made,"  he  said 
in  his  homely  wisdom,  ' '  and  the  edges  of  the  planks  do  not 
fit,  the  artist  takes  a  little  from  both  and  makes  a  good 
joint."  The  Connecticut  plan  prevailed,  and  a  Congress 
was  established  that  was  partly  federal  and  partly  national. 

In  the  Senate  the  federal  principle  prevails,  but  not 
fully,  for  the  two  senators  are  not  required  to  vote  to- 
gether and  cast  a  single  vote,  as  they  would  be  required  to 
do  under  a  purely  federal  plan.  Nevertheless,  it  is  in 
the  Senate  that  we  must  look  for  the  federal  element  of 
our  system,  for  there  a  State  as  a  State  is  strong.  The 
twenty-five  smallest  States,  with  their  five  million  voters, 
can  wield  more  power  in  the  Senate  than  the  twenty-three 
largest  States,  with  their  twenty  million  voters.  In  a 
federal  republic  there  is  nothing  unjust  in  this.  The  decen- 
tralized features  of  our  system  can  not  be  maintained 
unless  we  keep  the  States  equal  in  the  Senate. 

In  the  House  of  Representatives  the  national  principle 
prevails ;  for  representatives  do  not  appear  as  representing 


THE  ORGANIZATION  OF  CQli^GBESiS  ' !  :  lOl  j 

States,  but  as  representing  people.  But  the  House  is  not 
national  in  every  respect,  for  in  the  event  that  it  is  re- 
quired to  take  part  in  the  election  of  a  President  (84)  it 
votes  by  States,  the  representation  of  each  State  having 
one  vote — a  recognition  of  the  federal  principle.  More- 
over, a  State  must  have  at  least  one  representative  (10), 
a  condition  that  is  not  required  under  a  purely  national  sys- 
tem. Upon  the  whole,  however,  the  House  is  national ;  its 
435  members  represent,  not  forty-eight  States,  but  one 
hundred  millions  of  people. 

Apportionment  of  Representatives.  When  it  was  pro- 
posed to  give  to  each  State  a  number  of  representatives 
proportional  to  its  population,  the  question  of  enumera- 
tion arose:  Should  every  human  being  count  one?  In  the 
Northern  States  there  were  but  few  slaves;  in  some  of  the 
Southern  States  there  were  vast  numbers  of  them.  The 
Northern  States  were  unwilling  to  be  outnumbered  by  hav- 
ing the  slaves  counted;  the  Southern  States  wished  them 
to  be  counted.  It  was  agreed  that  five  slaves  should  be 
counted  as  three  persons  (8),  a  rule  that  was  changed  by 
the  fourteenth  amendment,  which  provides  that  In  the  ap- 
portionment of  representatives  to  Congress  all  people  ex- 
cept untaxed  Indians  shall  be  counted  (153).  The  number 
of  representatives  that  each  State  was  to  have  until  a  census 
could  be  taken  was  fixed  by  the  Constitution  (11).  After 
the  first  census  was  taken  the  apportionment  was  to  be 
regulated  by  Congress  in  accordance  with  the  results  of 
the  census. 

At  the  establishment  of  the  government  one  represen- 
tative was  allowed  for  every  thirty  thousand  inhabitants, 
but  with  the  increase  of  population  it  was  found  neces- 
sary to  increase  the  ratio  of  representation.  This  was  done 
to  prevent  the  House  from  becoming  unwieldy  by  reason 
of  numbers.  If  the  original  ratio  had  been  retained  the 
House  of  Representatives  would  now  consist  of  3,500  mem- 


192; • ;';;:;  -tsie!, American  democracy 

bers — a  body  entirely  too  large  for  deliberate  action.  The 
present  ratio  of  representation  (211,877)  gives  a  House  of 
435  members. 

piection  of  Representatives.  Any  one  who  is  qualified  to 
vote  for  members  of  the  more  numerous  branch  of  the 
State  legislature  is  qualified  to  vote  for  a  Representative  in 
Congress  (4).  The  members  of  the  House  are  elected  by 
a  direct  vote  of  the  people.  For  more  than  half  a  cen- 
tury the  States  were  allowed  to  elect  their  Representatives 
in  their  own  way;  but  in  1842  Congress,  exercising  its 
power  (24),  ordered  that  when  a  State  was  entitled  to 
more  than  one  Representative,  the  Representatives  should 
be  elected  by  districts  composed  of  contiguous  territory; 
that  the  number  of  these  Congressional  districts  should  be 
equal  to  the  number  of  Representatives  apportioned  to  the 
State ;  that  no  district  should  be  entitled  to  more  than  one 
Representative.  The  division  of  a  State  into  Congressional 
districts  is  left  with  its  legislature.  The  districts  may 
conform  to  such  boundaries  as  the  legislature  may  decide 
upon,  but  they  must  contain  as  nearly  as  possible  the  same 
population.  Sometimes  the  dominant  party  in  the  legisla- 
ture *' gerrymanders"  the  districts — that  is,  marks  them  out 
in  a  way  that  is  grossly  unfair  to  the  minority  party.  A 
Representative  need  not  reside  in  the  district  he  represents, 
but  public  opinion  is  strongly  in  favor  of  residence  within 
the  district.  It  sometimes  happens  that  a  State,  after  re- 
ceiving an  increase  in  the  number  of  its  representatives, 
fails  to  be  re-districted  promptly.  Until  such  time  as  it 
is  re-districted  the  additional  members  (or  member)  are 
elected  by  the  voters  of  the  whole  State  on  a  general  ticket, 
and  are  called  '  *  Congressmen-at-large. " 

Election  of  Senators.  For  considerably  more  than  a  cen- 
tury members  of  the  Senate  were  elected  by  the  legisla- 
tures of  the  several  States  (15).  But  a  long  experience 
showed  that  the  system  did  not  work  well.  The  position  of 
United  States  Senator  being  highly  prized  as  an  honor,  the 


THE  OBGANIZATION  OF  CONGRESS        103 

struggle  for  it  became  so  keen  as  seriously  to  demoralize  the 
legislature  and  interfere  with  the  regular  business.  Some- 
times, after  a  contest  that  had  lasted  through  the  entire 
session,  the  legislature  was  compelled  to  adjourn  without 
electing  a  Senator.  To  remedy  such  evils  an  amendment 
providing  for  the  election  of  Senators  by  a  direct  vote 
was  adopted  in  1913,  and  since  that  time  the  Senate,  like 
the  House,  has  been  composed  of  members  elected  by  the 
people  (161). 

Powers  of  Congress.  The  power  of  Congress  extends  to 
almost  every  subject  of  national  concern  coming  under  the 
jurisdiction  of  the  federal  government.  Its  ordinary  legis- 
lative powers,  enumerated  in  Article  I,  Section  8  of  the 
Constitution  and  touched  upon  in  a  general  way  hereto- 
fore (p.  47),  will  receive  particular  attention  at  appropriate 
points  in  subsequent  chapters.  But  Congress  enjoys  im- 
portant powers  that  are  not  strictly  legislative  in  character. 
It  possesses  the  power  of  removing  the  civil  officers  of  the 
United  States  by  the  process  of  impeachment.  When  a 
high  federal  official  is  charged  with  gross  misconduct 
in  office — as,  for  example,  if  a  President  should  be 
charged  with  not  enforcing  a  law,  or  a  federal  judge  should 
be  accused  of  receiving  bribes — he  may  be  reached  by  im- 
peachment. Impeachment  begins  in  the  House  of  Repre- 
sentatives, where  the  charges  against  the  unfaithful  officer 
must  be  laid  (14).  If ,  in  the  judgment  of  the  House,  the 
accused  person  is  guilty,  the  impeachment  or  accusation  is 
carried  to  the  Senate  to  be  tried  (22).  The  Senate,  while 
trying  the  impeachment,  sits  as  a  court  of  justice. 
Witnesses  are  summoned  and  examined,  and  evidence  pro 
and  con  is  presented.  If  by  a  two-thirds  vote  the  Senate 
sustains  the  impeachment,  the  accused  person  is  deprived 
of  his  office  (23).  He  may  afterward  be  tried  and 
punished  in  a  court  of  law  for  his  offense,  but  such  a  trial 
would  not  be  a  part  of  the  process  of  impeachment. 

The  main  object  of  impeachment  is  to  protect  the  govern- 


104  THE  AMERICAN  DEMOCRACY 

ment  from  the  acts  of  faithless  officers,  not  to  punish  crime. 
Its  purpose,  therefore,  is  fulfilled  when  the  offending  of- 
ficer is  removed.  Although  in  practice  impeachment  has 
been  of  slight  importance,  it  is,  nevertheless,  an  enginery 
of  tremendous  possibilities.  By  an  arbitrary  or  drastic 
application  of  this  power  Congress  might  make  itself,  tem- 
porarily at  least,  the  complete  master  of  every  branch  of 
the  federal  government.  For  the  President,  Vice-Presi- 
dent, and  the  members  of  the  Supreme  Court  of  the  United 
States  are  all  removable  by  impeachment   (104). 

The  Senate  has  large  powers  in  connection  with  treaty- 
making,  a  subject  that  will  be  considered  hereafter  (p.  97). 
The  power  of  the  Senate  is  also  felt  in  the  case  of  presiden- 
tial appointments  to  office.  The  Constitution  provides  that 
certain  presidential  appointments  must  be  confirmed  by 
the  Senate  (97).  In  the  exercise  of  this  power  the 
Senate  has  established  a  custom  of  confirming  only  those 
appointments  that  are  agreeable  to  the  senator  from  the 
State  in  which  the  appointment  is  made.  The  Senator 
to  be  consulted  belongs  to  the  President's  party.  If  the 
State  in  which  the  appointment  is  made  has  no  Senator  of 
the  President's  party,  the  party  leaders  of  the  State  must 
be  consulted.  The  deference  to  the  wishes  of  individual 
Senators  in  the  matter  of  confirming  appointments  is 
called  senatorial  courtesy.  The  application  of  the  rule 
of  senatorial  courtesy  greatly  increases  the  power  of  the 
Senate,  for  in  many  instances  it  hafe  the  effect  of  taking 
federal  patronage  from  the  President  and  bestowing  it 
upon  Senators.  When  confirming  appointments  the  Sen- 
ate regards  itself  as  acting  in  an  executive  capacity.  It 
holds  its  executive  sessions  behind  closed  doors.  All  purely 
legislative  sessions,  both  of  the  House  and  of  the  Senate, 
are  as  a  rule  open  to  the  public. 

Congress  the  Hope  of  the  Nation.  Congress,  by  reason  of 
its  far-reaching  powers  and  by  virtue  of  its  organization, 
is  the  political  nerve  center  of  the  American  nation.     Its 


THE  ORGANIZATION  OF  CONGRESS        105 

members,  whether  those  of  the  House  or  of  the  Senate,  come 
fresh  from  the  people,  and  its  voice  is  the  voice  of  the  peo- 
ple. Its  laws  affect,  directly  or  indirectly,  for  good  or  for 
evil,  every  person  in  the  United  States.  In  its  halls  have 
been  done  the  things  that  have  made  America  the  coun- 
try it  is,  and  our  political  destinies  are  still  in  its  hands. 
Congress,  therefore,  is  the  hope  of  the  nation. 

Here,  then,  is  a  civic  duty  of  transcendent  importance: 
Voters  must  send  men  to  Congress  who  will  measure  up 
to  the  great  responsibilities  that  rest  upon  the  shoulders  of 
their  national  representatives.  This  duty  can  not  be  ab- 
solved by  oifhand,  careless  action.  If  we  are  to  have  real 
statesmen  in  Congress,  citizens  when  choosing  Represen- 
tatives and  Senators  must  put  intelligence  and  honesty  into 
their  votes.  Nor  can  the  duty  be  absolved  by  criticism  and 
scolding.  In  this  case,  as  in  all  cases,  let  it  be  said  again, 
it  is  vain  and  useless  to  rail  at  our  Representatives  and 
say  ugly  things  about  them.  Voters  must  take  time  by 
the  forelock  and  not  allow  bad  men  to  get  into  Congress. 
If  they  do  this,  there  will  be  no  need  for  scolding.  If  the 
voters  fail  in  this  matter,  if  instead  of  sending  statesmen 
to  Congress  we  allow  that  body  to  become  an  assemblage 
of  political  gamesters,  then  we  will  certainly  be  started  on 
the  road  to  national  ruin. 

Questions  on  the  Text 

1.  Enumerate  eight  of  the  characteristic  features  of  the  Ameri- 
can government. 

2.  Explain  the  difference  between  the  national  principle  of  repre- 
sentation and  the  federal  principle.  WTiat  was  the  Connecticut  com- 
promise ? 

3.  In  what  respect  is  Congress  a  national  body?  In  what  re- 
spect is  it  a  federal  body? 

4.  In  what  manner  are  Representatives  apportioned  to  the  sev- 
eral States? 

5.  Give  an  account  of  the  election  of  Representatives. 

6.  Why  was  the  election  of  United  States  Senators  taken  from 
the  State  legislatures  and  given  to  the  people? 

7.  Describe  the  process  of  impeachment.  What  is  meant  by  sena- 
torial courtesy? 

.8.  "Congress  is  the  life  of  the  nation."    Explain  this  statement. 


106  THE  AMERICAN  DEMOCRACY 

Suggestive  Questions  and  Exercises 

1.  Show  from  the  history  of  the  times  that  the  people  in  1787 
needed  a  government  that  would  accomplish  just  such  objects  as  are 
mentioned  in  the  preamble  ( 1 ) . 

2.  What  words  in  the  preamble  reveal  the  democratic  feature  of 
our  Constitution?     What  words  its  federal  feature? 

,  3.  In  referring  to  the  government  that  has  its  seat  at  Washing- 
ton, why  do  we  sometimes  speak  of  it  as  being  federal  and  sometimes 
as  being  national? 

4.  Give  the  history  of  the  word  "gerrymandering."  Is  there  any 
sign  of  gerrymandering  in  the  boundaries  of  the  congressional  dis- 
tricts of  your  State?  Point  out  the  wrongs  of  gerrymandering. 
What  system  of  representation  heretofore  described  would  lessen  the 
evil  of  gerrymandering?  Bound  the  congressional  district  in  which 
you  live. 

5.  By  referring  to  the  Constitution  answer  the  following  ques- 
tions, and  give  reasons  for  the  constitutional  provisions:  How  is  a 
member  of  the  House  of  Representatives  elected,  and  what  is  the 
length  of  his  term  of  office  (3)  ?  What  are  the  qualifications  of  a 
member  of  the  House  as  to  age,  citizenship,  and  residence  (5)  ? 
When  is  a  person  qualified  to  vote  for  Representatives  in  the 
House  (4)  ?  How  is  a  vacancy  in  the  House  of  Representatives 
filled  (12)?  What  are  the  qualifications  of  a  Senator  as  to  age, 
citizenship,  and  residence  (18)?  When  does  the  Vice-President 
have  a  right  to  vote  in  the  Senate  (20)  ?  Who  presides  at  an  im- 
peachment trial  when  the  President  has  been  impeached  (22)  ?  If 
the  right  to  membership  in  Congress  is  contested,  how  is  the  ques- 
tion decided  (26)  ?  How  is  the  compensation  of  members  of  Con- 
gress determined  (32)  ?  What  special  privileges  do  members  of 
Congress  enjoy  (33)  ?  What  circumstance  will  prevent  a  member 
of  Congress  from  receiving  an  appointment  to  office  under  the  fed- 
eral government  (34)  ?  What  circumstance  will  disqualify  a  man 
for  membership  in  Congress    (35)  ? 

6.  Should  a  member  of  the  Lower  House  consider  the  interests  of 
his  district  as  being  of  more  importance  than  those  of  the  nation? 
Should  a  Senator  place  the  interests  of  his  State  above  those  of  the 
nation  ? 

7.  Congressmen  receive  twenty  cents  for  every  mile  of  travel  to 
Washington  and  return  to  their  homes.  What  is  the  amount  of  the 
mileage  of  the  member  of  the  House  who  represents  your  district? 

8.  Among  the  members  of  the  thirtieth  Congress — the  one  that 
assembled  in  December,  1847 — were  Abraham  Lincoln,  Daniel  Web- 
ster, John  C.  Calhoun,  Stephen  A.  Douglas,  Thomas  H.  Benton,  Lewis 
Cass,  and  Andrew  Johnson.  Name  seven  of  the  greatest  leaders  of 
the  present  Congress,  and  compare  them  in  respect  to  ability  and 
statesmanship  with  the  seven  leaders  mentioned  above. 

9.  Name  the  Senators  and  Representatives  elected  from  this 
State.  How  many  of  them  are  distinguished  for  their  ability?  (A 
copy  of  the  Congressional  Directory  is  of  great  service  to  a  Civics 


THE  ORGANIZATION  OF  CONGRESS        107 

olass ;  doubtless  a  copy  may  be  secured  through  the  kindness  of  some 
member  of  Congress . ) 

10,  In  1907  the  salary  of  members  of  Congress  was  raised  from 
$5,000  to  $7,500.  Did  the  rise  in  salary  secure  a  higher  grade  of 
Senators  and  Representatives?  Can  you  secure  better  oflBcials  by 
giving  them  more  money?  Could  you  secure  better  Representatives 
in  Congress  by  electing  the  best  men  available  and  then  honoring 
and  trusting  them  after  their  election?  Will  censure  and  distrust 
make  men  better  or  worse?  Will  honor  and  respect  make  them 
better  or  worse?  Do  you  often  hear  members  of  Congress  praised? 
Have  you  observed  that  voters  show  much  anxiety  about  the  elec- 
tion of  members  of  Congress?  Give  reasons  why  voters  should  be 
deeply  concerned  about  the  election  of  Senators  and  Representatives. 

Topics  foe  Special  Work 

1.  The  Election  of  United  States  Senators:  Jones,  129-141. 

2.  Gerrymandering:  Jones,  151-155. 

3.  Rights  of  Senators  and  Representatives:    Hinsdale,  182-186. 

4.  The  House  of  Representatives  and  House  of  Commons :  Kaye, 

149-156. 

5.  An  Apportionment  Bill:  Kaye,  148-149. 

6.  The  House  of  Representatives:  Munro,  176-190. 


XV 

CONGRESS  AT  WORK 

In  the  preceding  chapter  the  broader  aspects  of  the  subject  of  con- 
gressional organization  were  considered.  In  this  chapter  we  shall 
learn  of  the  organization  which  Congress  provides  for  the  conduct- 
ing of  its  business  in  an  orderly  manner.  How  does  Congress  go 
about  its  work?    How  is  a  law  of  Congress  passed? 

Assembling  of  Congress  and  Its  Adjournment.  It  is  pro- 
vided in  the  Constitution  that  Congress  shall  assemble  at 
least  once  in  every  year  (25),  and,  unless  a  different  date 
is  fixed  by  law,  the  meeting  shall  be  On  the  first  Monday  in 
December.  It  should  be  clearly  understood,  however,  that 
Congress  is  fully  competent  to  fix  the  date  of  its  regular 
meeting.  For  example,-  it  could  arrange  to  meet  annually 
on  the  5th  of  March.  An  extra  session  of  Congress  begins 
at  a  date  fixed  by  the  President  (100).  After  Congress  has 
once  assembled  it  may  hold  sessions  continuously  until  its 
legal  existence  comes  to  an  end.  The  President  may  call 
a  Congress  to  Washington,  but  he  can  not  send  it  home. 
The  assembling  and  adjournment  of  Congress,  therefore, 
are  matters  that  are  completely  under  the  control  of  Con- 
gress itself.  In  case,  however,  the  two  Houses  should  not 
be  able  to  agree  upon  a  day  for  adjournment,  the  Presi- 
dent may  intervene  and  adjourn  them  until  such  time  as 
he  may  think  proper  (101). 

How  Congresses  Are  Numbered;  Sessions  of  Congress. 

The  first  House  of  Representatives  was  elected  to  serve 
from  March  4,  1789,  until  March  4,  1791,  when  the  terms 
of  all  its  members  expired.  But  on  March  4,  1791,  the 
term  of  only  one  third  of  the  members  of  the  Senate  had 
expired;  two  thirds  still  retained  their  seats.  So  the  en- 
tire membership  of  Congress  really  did  not  come  to  an  end 

108 


CONGRESS  AT  WORK  109 

on  March  4,  1791.  Yet  it  was  decided  to  disregard  the 
term  of  the  Senators  and  number  the  Congresses  accord- 
ing to  the  periods  for  which  the  Representatives  were 
elected.  According  to  this  rule,  the  first  Congress  began 
its  legal  existence  March  4,  1789,  and  expired  at  the  hour 
of  noon,  March  4,  1791,  when  the  terms  of  the  Representa- 
tives first  elected  came  to  an  end ;  the  second  Congress  came 
into  power  March  4,  1791,  and  ended  its  career  March  4, 
1793;  the  third  Congress  began  March  4,  1793,  and  ended 
March  4,  1795 ;  and  thus  to  the  present  time.  Congresses, 
therefore,  are  numbered  according  to  the  biennial  periods 
for  which  Representatives  are  elected,  and  the  legal  exist- 
ence of  a  Congress  begins  on  March  4,  following  the  election 
of  Representatives,  and  ends  March  4  two  years  later. 

As  a  rule,  the  work  of  Congress  is  done  in  two  regular 
sessions.  The  first  session  begins  in  December,  when  a 
Congress  assembles  for  the  first  time,  and  usually  ends  late 
in  the  spring  or  early  in  the  summer  of  the  following  year, 
although  occasionally  it  does  not  end  until  late  in  autumn. 
This  first  session  is  known  as  the  long  session.  The  second, 
or  short,  session  begins  when  Congress  assembles  in  Decem- 
ber for  the  second  time,  and  ends  at  twelve  o'clock  meridian 
the  following  March  4.  Besides  the  two  regular  sessions, 
there  may  be  one  or  more  extra  sessions,  beginning  on  dates 
fixed  by  the  President,  but  ending  at  the  pleasure  of  Con- 
gress. 

Congress  assembles  in  the  Capitol  at  Washington,  the 
Senate  occupying  the  north  wing  of  the  building,  and  the 
House  the  south  wing.  When  making  laws,  the  two 
Houses  must  carry  on  work  during  the  same  period  of 
time,  although  either  House  may  sit  alone  for  a  period  not 
exceeding  three  days  (31).  In  the  making  of  a  law  the 
House  and  the  Senate  are  coordinate  bodies;  a  bill  passed 
by  one  House  is  not  a  law  until  it  is  passed  by  the  other 
also.  Either  House  may  originate  and  pass  such  bills  as 
it  chooses,  except  that  bills  for  raising  revenue  must 
originate  in  the  House  of  Representatives  (36). 


110  THE  AMERICAN  DEMOCRACY 

The  House  at  Work.  Since  each  House  effects  its  own  or- 
ganization (13,  21)  and  each  goes  about  its  tasks  in  its  own 
way  (28),  the  House  at  work  presents  a  picture  quite  dif- 
ferent from  that  presented  by  the  Senate  at  work.  When 
the  members  of  a  new  House  assemble  for  the  first  time, 
the  clerk  of  the  previous  House  calls  them  to  order,  causes 
a  roll  to  be  called,  and,  if  a  quorum  (27)  is  present,  invites 
the  House  to  proceed  with  the  election  of  a  Speaker  (13), 
who  is  always  chosen  from  among  the  members  of  the 
House.  After  the  election  of  the  Speaker  the  other  officers 
of  the  House,  the  sergeant-at-arms,  the  clerk,  doorkeeper, 
postmaster,  and  chaplain,  are  elected,  and  the  work  of  the 
session  begins. 

The  character  of  the  proceedings  of  the  House  depends 
in  no  small  degree  upon  the  man  selected  as  Speaker. 
The  duties  of  the  Speaker  are  defined  by  the  rules  of  the 
House.  He  calls  the  House  to  order;  he  signs  all  bills; 
he  decides  questions  of  parliamentary  law;  he  puts  ques- 
tions to  the  House  to  be  voted  upon ;  he  preserves  order  on 
the  floor  of  the  House;  and  in  general  he  carries  out  the 
will  of  the  House.  When  a  member  wishes  to  be  heard,  he 
must  first  be  recognized  by  the  Speaker.  A  member  fail- 
ing to  secure  recognition  must  remain  silent.  The  right 
of  the  Speaker  to  recognize  or  ignore  a  member  desiring 
to  speak  carries  with  it  much  power;  but  it  is  a  power 
that  must  not  be  abused,  and  that  must  not  be  used  in 
a  haphazard  or  partizan  fashion. 

The  House  consists  of  more  than  four  hundred  ambitious, 
enthusiastic  men,  almost  every  one  of  whom  has  his  heart  set 
upon  the  passage  of  one  or  more  bills.  At  the  opening  of 
a  session  of  Congress,  therefore,  there  is  a  great  rush  of 
new  bills.  Several  thousand  are  introduced  within  a  few 
days  after  the  session  begins.  During  the  life  of  a  single 
Congress  as  many  as  twenty-five  or  thirty  thousand  bills 
have  to  be  considered.    Bills  are  introduced  by  individual 


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A  CHART  SHOWING  AT  A  GLANCE  THE  RELATIVE 
STRENGTH  OF  EACH  STATE  IN  THE  NATIONAL 
HOUSE   OF  REPRESENTATIVES 

(The  vote  of  each  member  is  represented  by  an  area  equal 
to  one  of  the  small  squares) 


112  THE  AMERICAN  DEMOCRACY 

members  very  often  at  the  request  of  an  outsider,  and  it 
may  easily  happen  that  a  member  is  personally  opposed  to 
the  very  bill  he  introduces.  For  it  is  no  trouble  to  in- 
troduce a  bill.  In  the  House  of  Representatives  a  mem- 
ber does  this  simply  by  dropping  it  into  a  receptacle  called 
the  ''hopper" — the  place  where  a  bill  starts  on  its  long 
journey  through  the  legislative  mill. 

Bills  are  taken  from  the  ''hopper"  and  distributed,  each 
finding  its  way  to  the  appropriate  committee.  A  com- 
mittee is  a  small  group  of  members  to  which  is  assigned 
the  task  of  attending  to  a  particular  branch  of  legislation. 
The  more  important  committees  of  the  House  consist  of 
from  fifteen  to  thirty-five  members.  The  principal  stand- 
ing committees — committees  that  are  provided  for  by  the 
rules  and  that  continue  in  existence  throughout  the  ses- 
sion— are  those  on  ways  and  means,  appropriations,  foreign 
relations,  the  judiciary,  currency,  interstate  and  foreign 
commerce,  military  affairs,  naval  affairs,  pensions,  elec- 
tions, manufactures,  agriculture,  rivers  and  harbors.  The 
committees  are  elected  by  the  House,  but  before  the  vote 
is  taken  the  membership  of  each  committee  is  determined 
by  party  action.  For  in  Congress,  as  elsewhere,  party  gov- 
ernment holds  sway. 

It  is  in  the  committee-rooms  that  most  of  the  serious 
work  of  Congress  is  done.  "When  a  visitor  to  the  halls  of 
Congress  finds  only  a  handful  of  members  in  their  seats,  he 
should  not  think  that  our  legislators  are  remiss  in  their 
duties;  for  the  absentees  are  scattered  about  in  the  com- 
mittee-rooms of  the  Capitol  and  office  buildings,  busily  en- 
gaged in  the  preparation  of  bills.  The  important  commit- 
tees meet  in  spacious  rooms,  and  frequently  carry  on  their 
work  openly  in  the  presence  of  large  audiences. 

When  considering  a  bill,  the  committee  gives  a  hearing 
to  the  public  and  allows  friends  of  the  measure  to  speak 
in  its  favor,  while  opponents  are  allowed  to  speak  against 
it.  At  these  hearings  any  citizen  who  wishes  to  be  heard 
is  allowed  to  address  the  committee,  provided  it  can  find 


CONGRESS  AT  WORK  11? 

time  to  listen  to  him.  And  citizens  make  good  use  of  the 
privilege.  When  very  important  legislation  is  pending, 
throngs  of  men  and  women  from  all  parts  of  the  country 
visit  Washington  for  the  purpose  of  appearing  before  the 
committees  of  Congress.  Public  officials  as  well  as  private 
citizens  are  heard.  Members  of  the  Cabinet,  generals,  ad- 
mirals, and  other  high  officers  present  their  views.  Quite 
often  even  a  member  of  Congress  will  appear  before  a  com- 
mittee of  which  he  is  not  a  member,  and  speak  in  favor  of 
or  against  some  bill  under  consideration.  So  committee 
procedure  is  thoroughly  democratic  in  character,  and  the 
committee-room  is  a  place  where  discussion  is  very  full 
and  free  and  open. 

After  the  hearings  are  over  and  the  discussion  is  finished, 
a  vote  is  taken.  If  the  majority  of  the  committee  is  against 
the  proposed  measure,  it  is  reported  unfavorably ;  that  is, 
it  is  "killed  in  committee."  And  that  is  the  fate  of  most 
bills,  for  thousands  of  the  bills  that  go  into  the  **  hop- 
per" never  get  any  further  than  the  committee-room.  A 
bill  that  has  been  smothered  in  the  committee-room  may  by 
a  mandate  of  the  House  be  brought  up  for  consideration, 
notwithstanding  the  adverse  action  of  the  committee.  But 
recourse  to  this  process  is  seldom  taken;  when  a  bill  fails 
in  committee,  that  usually  is  the  last  of  it.  If  a  majority 
of  the  committee  believe  that  Congress  ought  to  have  an  op- 
portunity to  vote  on  the  proposed  measure,  it  is  reported 
favorably;  and,  unless  it  is  a  highly  privileged  matter,  it 
is  placed  upon  the  calendar  along  with  hundreds,  per- 
haps thousands,  of  other  bills.  The  calendar,  a  kind  of 
catalogue  or  register  of  bills,  has  been  called  the  ' '  cemetery 
of  legislative  hopes, ' '  because  so  many  bills  are  never  heard 
of  again  after  they  reach  it.  When  a  bill  has  found  its 
way  to  the  calendar  its  fate  henceforth  rests  with  the  rules 
of  the  House.  The  general  rule  in  reference  to  a  bill  on  the 
calendar  is  that  it  must  wait  its  turn  for  consideration,  a 
rule  that,  if  rigidly  enforced,  would  in  most  cases  postpone 
action  indefinitely. 


114  THE  AMERICAN  DEMOCRACY 

But  a  method  is  provided  by  which  a  bill  may  be  ad- 
vanced on  the  calendar.  The  agency  for  moving  a  bill 
forward,  and  for  controlling  in  many  ways  the  procedure 
of  the  House,  is  the  committee  on  rules.  This  consists  of 
eleven  members,  six  of  whom  belong  to  the  political  party 
in  the  majority  and  five  to  the  minority  party.  The  com- 
mittee on  rules  has  the  high  privilege  of  bringing  in  at  any 
moment  a  ''special  rule"  or  order,  appointing  a  certain 
time  for  the  consideration  of  a  bill.  With  the  consent  of  a 
majority  of  the  House,  it  can  without  any  discussion  or 
delay  order  any  bill  to  be  taken  from  the  calendar  for  im- 
mediate consideration.  It  can  do  much  more.  It  can  de- 
termine the  conditions  of  debate,  how  long  members  may 
speak,  whether  amendments  to  the  bill  may  be  offered  or 
not,  when  a  vote  shall  be  taken.  A  few  years  ago,  when  it 
was  desired  to  hasten  the  passage  of  a  railroad  measure  in 
order  to  avert  a  strike,  a  "special  order,"  brought  in  at 
eleven  o'clock  in  the  morning,  mapped  out  a  course  of  such 
rapid  procedure  that  the  bill  reached  a  vote  by  four  o'clock 
in  the  afternoon.  Since  the  course  of  legislation  in  the 
House  is  practically  determined  by  the  committee  on  rules, 
this  little  group  is  one  of  the  most  powerful  parliamentary 
engines  in  Congress. 

Before  a  House  bill  is  acted  upon  in  a  formal,  final  man- 
ner, it  is  usually  considered  by  the  committee  of  the  whole. 
This  is  the  entire  membership  of  the  House  acting  as  a 
committee.  It  is  simply  the  House  itself  doing  business 
with  less  regard  to  rules  of  procedure,  unhampered  by 
tedious  roll-calls,  or  delayed  by  motions  to  adjourn,  to  re- 
fer, to  postpone,  and  the  like.  In  the  committee  of  the 
whole  there  is  great  freedom  of  debate,  and  many  members 
participate  in  the  discussions.  In  fact,  it  is  here  that  the 
House,  considered  as  a  deliberative  body,  is  at  its  best. 
When  a  bill  has  been  favorably  acted  upon  by  the  com- 
mittee of  the  whole,  it  is  reported  to  the  House  organized 
as  in  regular  session.     A  final  vote  on  the  bill  is  then  taken, 


CONGRESS  AT  WORK  115 

and  if  a  majority  of  the  House  is  in  its  favor  it  is  sent  to 
the  Senate. 

The  Senate  at  Work.  In  the  Senate,  procedure  in  its 
main  features  resembles  that  of  the  House.  Much  of  the 
heavy  work  is  done  by  committees  elected  by  the  vote  of 
the  Senate,  the  membership  of  each  committee  being  pre- 
viously determined  by  party  action.  When  a  bill  comes 
to  the  Senate  from  the  House,  or  when  one  is  introduced 
by  a  Senator,  it  is  referred  to  the  proper  committee  for 
consideration,  public  hearings  are  granted,  and  if  the  meas- 
ure meets  with  the  approval  of  the  committee  it  is  reported 
to  the  Senate  for  action.  The  Senate  goes  about  its  work 
in  a  masterful,  dignified  way  and  without  the  appearance 
of  hurry.  Its  repose  is  in  keeping  with  the  stability  of  its 
organization.  When  a  Congress  expires,  two  thirds  of  the 
members  of  the  Senate  retain  their  seats  in  the  next  Con- 
gress (16).  The  Senate  is  thus  in  part  a  continuous  body: 
"always  changing^ — it  is  forever  the  same."  It  is  not  re- 
organized at  the  opening  of  each  Congress.  The  Constitu- 
tion provides  that  the  Vice-President  shall  be  its  per- 
manent presiding  officer  (20).  The  temporary  president 
(21)  and  its  other  officers  hold  their  positions  for  indefinite 
periods.  Senators  on  an  average  are  much  older  than  mem- 
bers of  the  House,  and  as  a  rule  they  bring  to  their  work 
the  lessons  of  a  longer  political  career.  The  continuity 
of  its  existence,  the  stability  of  its  organization,  the  ma- 
turity and  experience  of  its  members,  are  all  reflected  in 
the  Senate's  proceedings. 

As  might  be  expected,  the  course  of  legislation  in  the 
Senate  is  smoother  than  it  is  in  the  House.  On  the  floor 
of  the  Senate  there  is  ordinarily  the  utmost  freedom  of 
debate.  Any  member  may  talk  as  long  as  he  pleases  on 
any  subject  that  comes  up  for  discussion,  it  being  assumed 
that  no  Senator  will  abuse  the  privilege  of  unlimited  de- 
bate and  talk  merely  to  kill  time.    But  occasionally  Sena- 


116  THE  AMERICAN  DEMOCEACY 

tors  filibuster;  that  is,  they  talk  on  and  on,  killing  time 
in  order  to  prevent  a  vote  on  a  bill  that  would  pass  if  al- 
lowed to  come  to  a  vote.  In  1890  a  Senator,  in  order  to 
keep  a  measure  from  coming  to  a  vote,  spoke  for  four- 
teen hours  without  interruption.  In  1903  a  Senator,  wish- 
ing to  force  the  Senate  to  yield  on  a  certain  point,  placed 
Lord  Byron's  complete  works  on  his  desk,  and  threatened 
to  read  every  word  of  them  if  the  Senate  should  persist 
in  refusing  to  do  what  he  wanted  it  to  do.  The  Senate 
yielded  because  the  demand  was  made  in  the  closing  hours 
of  a  Congress  and  important  business  was  ahead.  In 
order  to  check  filibustering,  the  Senate  in  1917  adopted  a 
rule  making  it  possible  to  limit  the  time  a  Senator  may 
speak  on  a  particular  measure  to  one  hour,  when  it  is  the 
wish  of  two  thirds  of  the  Senate  that  the  debate  be  thus 
limited. 

When  the  Senate  and  the  House  disagree  as  to  some  of 
the  details  of  a  bill  and  there  is  a  '' deadlock,"  a  joint  com- 
mittee, called  a  conference  committee,  consisting  of  a  group 
of  three  or  four  or  five  members  from  each  branch,  is  ap- 
pointed to  adjust  the  difference,  so  that  an  agreement  may 
be  reached.  In  conference  much  of  the  important  work  of 
Congress  is  done,  for  it  is  there  that  all  disputes  between 
the  House  and  the  Senate  about  bills  are  settled.  It  must 
be  understood,  however,  that  every  particular  change  made 
in  a  bill  by  the  conferees  must  be  agreed  to  by  both  the 
House  and  the  Senate  before  the  bill  can  become  an  act 
of  Congress. 

Questions  on  the  Text 

1.  What  are  the  three  methods  by  which  Congress  may  be  assem- 
bled?    How  is  it  adjourned? 

2.  On  what  principle  are  Congresses  numbered?  When  does  the 
legal  existence  of  a  Congress  begin?  When  does  it  terminate? 
What  can  you  say  of  the  several  sessions  of  Congress? 

3.  What  is  the  first  step  taken  in  the  organization  of  a  Congress? 
What  are  the  duties  of  the  Speaker? 

4.  What  is  the  method  of  introducing  bills? 

5.  Give  an  accoimt  of  the  committee  system. 

6.  What  is  the  calendar?     How  may  a  bill  be  taken  from  the 


CONGRESS  AT  WORK  117 

calendar  before  its  turn?  How  is  it  possible  for  the  committee  of 
rules  to  control  the  course  of  legislation  in  the  House?  Give  an 
account  of  the  committee  of  the  whole. 

7.  Describe  the  Senate  in  its  leading  characteristics. 

8.  On  what  principle  is  debate  in  the  Senate  conducted?  How 
may  filibustering  be  checked? 

9.  Give  an  account  of  the  conference   committee. 

Suggestive  Questions  and  Exercises 

1.  Answer  the  following  questions  by  referring  to  the  Constitu- 
tion: How  is  a  Speaker  of  the  House  of  Representatives  chosen 
(13)?  When  does  the  Vice-President  have  a  vote  in  the  Senate? 
When  a  President  is  impeached  who  presides  at  the  impeachment 
trial  in  the  Senate  (22)  ?  What  constitutes  a  quorum  in  the 
House  (26)  ?  How  may  disorderly  behavior  in  Congress  be  pun- 
ished (29)  ?  How  may  a  member  of  Congress  be  expelled  (29)  ? 
How  may  a  yea  and  nay  vote  be  secured  (30)  ?  Give  the  history  of 
a  bill  after  it  has  passed  Congress  (37).  How  may  the  veto  of  the 
President  be  overcome  (40)  ?  Under  what  circumstances  may  the 
President  defeat  a  bill  without  vetoing  it  (41)  ? 

2.  Give  reasons  for  not  allowing  the  Vice-President  to  preside  at 
an  impeachment  trial  when  the  President  is  accused. 

3.  Why  is  it  unfortunate  that  so  long  a  time  should  elapse  be- 
tween the  election  of  Congress  and  its  first  regular  session? 

4.  If  a  member  of  Congress  should  be  expelled  and  his  constitu- 
ents should  reelect  him  after  his  expulsion,  should  Congress  then 
permit  him  to  take  his  seat? 

5.  Ought  a  member  of  the  Cabinet  be  allowed  to  take  part  in  the 
debates  of  Congress? 

6.  What  are  the  advantages  and  disadvantages  of  "senatorial 
courtesy"  ? 

7.  If  President  Johnson  had  been  removed  from  office  by  the 
process  of  impeachment  how  would  his  successor  have  been  appointed  ? 

Topics  foe  Special  Work 

1.  The  Committees  of  Congress:  Kaye,  162-166. 

2.  Freedom  of  Debate  in  the  Senate:  Kaye,  167-170. 

3.  Leadership  in  the  House:  Beard,  280-286. 

4.  Procedure  in  the  House:  Munro,  191-207. 

5.  Committees  in  the  House  of  Representatives:  Gettell,  354-356. 


XVI 

THE  PRESIDENCY 

In  the  organization  of  the  federal  government  the  President  holds 
the  most  commanding  and  conspicuous  position.  What  are  the  lead- 
ing facts  in  respect  to  the  Presidency?  How  does  the  President  re- 
ceive his  office?  What  are  his  powers  and  duties?  What  is  his 
position  as  a  political  personality? 

Election  of  the  President.  As  we  have  seen,  a  fatal  weak- 
ness of  the  Union  under  the  Articles  of  Confederation  was 
the  absence  of  an  executive  to  enforce  the  laws.  The  Con- 
vention soon  decided  to  remedy  this  defect  by  establishing 
a  strong  executive  department  and  vesting  its  powers  in 
a  President  (78).  How  was  this  officer  to  be  selected? 
This  question  gave  rise  to  a  vast  amount  of  discussion. 
Some  wanted  him  elected  b}^  Congress;  but  it  was  said 
that  this  would  make  the  executive  dependent  upon  the 
legislature,  and  it  was  highly  important  that  these  two 
branches  should  be  independent  of  each  other.  It  was 
suggested  that  he  be  elected  by  the  Senate ;  but  this  method 
was  opposed  as  being  too  aristocratic.  An  election  by  a 
popular  vote  of  the  whole  country  was  recommended;  this 
plan  was  opposed  as  being  too  democratic.  To  end  the  dis- 
cussion, a  plan  of  indirect  election  was  adopted :  the  Presi- 
dent was  to  be  chosen  by  State  colleges  of  electors,  the 
electoral  college  of  each  State  to  have  a  number  of  electors 
equal  to  the  combined  number  of  Senators  and  Represen- 
tatives to  which  the  State  was  entitled  in  Congress  (81). 
Each  State  was  permitted  to  select  its  electors  in  a  way 
agreeable  to  the  legislature  (80).  Each  of  the  electors  was 
to  vote  for  two  persons  (82),  and  the  person  who  received 
the  greatest  number  of  votes  (providing  it  was  a  number 

118 


THE  PRESIDENCY  119 

equal  to  a  majority  of  the  electoral  votes)  was  to  be  the 
President,  and  the  one  who  stood  second  in  the  list  was  to 
be  Vice  President  (85).  If  more  than  one  person  received 
a  number  of  votes  equal  to  a  majority  of  the  electoral  votes, 
the  election  of  the  President  was  to  be  made  by  the  House 
(84). 

The  electoral  plan  as  first  adopted  proved  to  be  as 
clumsy  in  practice  as  it  was  excellent  in  theory.  In  the 
fourth  presidential  election  the  electoral  system  as  devised 
by  the  framers  broke  down  almost  completely,  and  the 
Constitution  had  to  be  speedily  amended  (146).  By  the 
twelfth  amendment,  which  was  adopted  in  1804,  the  work 
of  the  electoral  college  is  simplified  by  making  the  elec- 
tion of  the  Vice-President  an  affair  entirely  distinct  from 
the  election  of  the  President  (147). 

The  State  legislature  may  appoint  the  electors  itself, 
it  may  vest  their  appointment  in  some  other  body,  or  it 
may  call  upon  the  people  to  elect  them.  In  the  early  days 
of  the  Union  the  States  differed  in  their  methods  of  select- 
ing electors.  In  some  States  they  were  elected  by  the  legis- 
lature; in  some  they  were  elected  by  districts,  as  Repre- 
sentatives in  Congress  are  at  the  present  time;  while  in  a 
few  States  they  were  elected  on  a  common  ticket.  To-day 
every  State  elects  its  presidential  electors  in  the  same  way 
— on  a  common  ticket  by  a  popular  vote.  Such  uniformity 
is  at  first  sight  almost  amazing.  Why  have  all  the  States 
agreed  to  do  this  thing  in  the  same  way?  Democracy  and 
party  organization  must  answer.  We  still  adhere  to  the 
forms  of  the  electoral  system  as  provided  in  the  twelfth 
amendment,  but  the  spirit  of  that  system  has  long  since 
departed.  The  people  long  ago  took  the  election  of  the 
President  into  their  own  hands.  They  have  done  this 
through  the  agency  of  political  parties,  and  the  require- 
ments of  party  organization  have  produced  uniformity  in 
the  methods  of  electing  the  presidential  electors.  How  one 
hundred  millions  of  people  actually  accomplish  this  stu- 
pendous and  inspiring  task  of  selecting  one  of  themselves 


120  THE  AMERICAN  DEMOCRACY 

as  their  ruler  may  best  be  told  when  we  come  to  speak  of 
party  organization  (p.  222). 

Powers  and  Duties  of  the  President.  The  members  of  the 
Convention  were  distrustful  of  executive  power,  and  were 
disposed  to  clothe  the  new  President  with  only  as  much 
authority  as  was  absolutely  necessary.  Nevertheless,  they 
gave  him  fully  as  much  power  as  an  executive  ought  to  have. 
They  made  him  commander-in-chief  of  the  military  forces 
('92)  ;  they  gave  him  the  power  of  pardoning  offenses 
against  the  government  of  the  United  States  (94)  ;  they 
conferred  upon  him,  jointly  with  the  Senate,  the  treaty- 
making  power  (95)  and  the  power  of  appointing  foreign 
ministers,  consuls,  judges  of  the  Supreme  Court,  and  many 
other  federal  officers  (96)  ;  they  imposed  upon  him  the 
function  of  receiving  foreign  ambassadors  and  representa- 
tives of  foreign  governments  (101)  ;  they  gave  him  au- 
thority to  deliver  to  Congress  in  person,  or  to  lay  before 
that  body  in  writing,  messages  setting  forth  the  condition 
of  public  affairs  and  recommending  measures  for  legisla- 
tion (100)  ;  they  gave  him  power  to  convene  Congress  in 
extraordinary  session  and  to  adjourn  Congress  when  the 
two  Houses  can  not  agree  as  to  the  matter  of  adjournment 
(101)  ;  they  gave  him  the  veto  power  (38). 

The  highest  and  the  chief  duty  of  the  President  is  "to 
take  care  that  the  laws  be  faithfully  executed"  (102). 
This  is  a  purely  executive  duty,  and  one  that  the  President 
can  not  escape.  A  law  may  be  distasteful  to  the  President ; 
he  may  regard  it  as  hurtful  or  unconstitutional;  yet,  as 
long  as  it  is  a  law,  he  must  enforce  it.  ''As  the  citizen  may 
not  elect  what  laws  he  will  obey,  neither  may  the  execu- 
tive elect  which  he  will  enforce."  Should  the  President 
wantonly  refuse  to  execute  a  law,  he  would  be  removable 
by  the  process  of  impeachment. 

The  President's  Share  in  Law-Making.  While  the  Presi- 
dent is  bound  to  carry  out  the  laws  of  Congress  whether 


THE  PRESIDENCY  121 

he  is  in  sympathy  with  them  or  not,  he  may  nevertheless 
do  much  to  prevent  the  enactment  of  laws  obnoxious  to  him- 
self. His  power  of  prevention  lies  in  the  veto  (38).  The 
early  Presidents  regarded  the  veto  as  a  weapon  placed  in 
their  hands  for  the  purpose  of  preventing  Congress  from 
passing  such  laws  as  were  seemingly  violations  of  the  Con- 
stitution :  they  did  not  assume  that  the  veto  was  given  them 
in  order  that  it  might  be  used  to  prevent  the  passing  of 
any  kind  of  laws  whatever.  Andrew  Jackson,  however, 
set  the  example  of  vetoing  any  measure  to  which  he  was 
personally  opposed,  and  his  successors  have  not  hesitated 
to  use  the  veto  as  a  real  legislative  engine.  How  great 
the  veto  power  is  may  be  seen  by  a  simple  calculation.  A 
bill  may  pass  in  the  present  House  of  435  members  by  a 
vote  of  218  to  217,  and  in  the  Senate  by  a  vote  of  49  to 
47.  Now,  if  the  President  should  veto  the  bill,  it  would 
require  72  more  votes  in  the  House  and  15  more  in  the 
Senate  (40)  to  pass  the  measure  over  his  veto. 

The  President's  share  in  law-making  does  not  end  with 
the  negative  power  of  the  veto;  he  possesses  some  legisla- 
tive power  of  a  positive  nature.  In  making  the  laws 
known  as  treaties  he  takes  the  initiative,  and,  as  will  be 
explained  hereafter  (p.  259),  his  power  is  almost  absolute 
at  every  step  of  the  treaty-making  process.  By  convening 
Congress  in  extra  session,  he  can  present  to  that  body  sub- 
jects for  its  special  consideration  and  urge  upon  it  his 
views  in  respect  to  needed  legislation. 

In  addition  to  his  Constitutional  means  of  reaching  Con- 
gress, the  President  has  other  convenient  avenues  of  ap- 
proach. Through  his  influence  as  a  party  leader  and  as 
a  distributor  of  patronage,  he  can  often  cause  members  of 
Congress  to  support  the  measures  upon  which  his  heart  is 
set.  Through  his  Secretaries  or  other  high  officials  he  may 
make  known  his  wishes  to  the  committees  of  Congress  and 
cause  them  to  consider  bills  in  which  he  is  interested.  A 
Secretary  may  not  appear  on  the  floor  of  either  House  as 
the  advocate  of  a  measure,  but  he  may  appear  in  a  com- 


122  THE  AMERICAN  DEMOCRACY 

mittee-room  and  act  as  the  mouth-piece  of  the  President. 
Then,  too,  the  President  has  great  weight  with  Con- 
gress because  of  his  tremendous  influence  with  the  people. 
For  the  President  has  the  whole  nation  as  his  audience. 
Everything  he  says  is  printed  in  every  newspaper  in  the 
country.  When,  therefore,  his  voice  is  raised  in  favor  of 
a  measure,  it  is  heard  by  the  whole  body  of  the  American 
people.  If  it  is  a  clear  and  persuasive  voice,  millions  of 
people  are  won  to  his  way  of  thinking ;  and  it  is  not  to  be 
wondered  at  if  members  of  Congress  sometimes  hesitate  to 
oppose  their  wishes  to  those  of  the  President. 

Succession  to  the  Presidency.  A  vacancy  in  the  office  of 
President  may  occur  by  the  death,  impeachment,  or  resig- 
nation of  the  incumbent,  or  by  his  inability  to  discharge 
the  duties  of  his  office.  The  Constitution  provides  a  Vice- 
President  (88)  to  succeed  in  the  case  of  a  vacancy.  If  for 
any  reason  neither  President  nor  Vice-President  can  serve, 
an  officer  designated  by  Congress  (89)  succeeds  to  the 
Presidency.  Under  the  presidential  succession  act  of  1886 
it  is  provided  that  in  case  neither  President  nor  Vice-Presi- 
dent can  serve  members  of  the  Cabinet  shall  succeed  to  the 
Presidency  in  the  following  order:  (1)  the  Secretary  of 
State,  (2)  the  Secretary  of  the  Treasury,  (3)  the  Secretary 
of  War,  (4)  the  Attorney-General,  (5)  the  Postmaster- Gen- 
eral, (6)  the  Secretary  of  the  Navy,  (7)  the  Secretary  of 
the  Interior.  The  one  succeeding  to  the  Presidency  serves 
for  the  remainder  of  the  four  years,  but  any  one  thus 
succeeding  must  have  the  constitutional  qualifications. 

Thus  far  in  our  history  the  only  officer  who  has  been 
called  upon  to  fill  a  vacancy  in  the  Presidency  has  been 
a  Vice-President.  Five  times  such  a  succession  has  oc- 
curred, the  vacancy  each  time  being  caused  by  death.  The 
office  of  Vice-President  is,  therefore,  one  of  great  potential 
importance.  In  selecting  a  Vice-President  we  ought  to  be 
almost  as  careful  as  we  are  when  we  select  a  President.  A 
party  convention,  when  nominating  a  candidate  for  the 


THE  PRESIDENCY  123 

Vice-Presidency,  should  keep  in  mind  the  interests  of  the 
country  as  well  as  the  interests  of  a  party,  and  refuse  to 
name  as  candidate  for  Vice-President  any  man  who  would 
not  be  likely  to  acquit  himself  well  in  the  presidential  chair. 

The  President  as  a  Political  Personality.  The  President 
is  the  most  commanding  political  personage  in  the  United 
States.  He  is  not  only  the  fountain  of  executive  energy — 
he  is  also  the  representative  of  a  great  people.  He  re- 
flects the  ideals  and  aspirations  and  attributes  of  the 
American  electorate.  If  the  electorate  should  become  vain- 
glorious and  selfish  and  low  in  its  standard  of  morality,  it 
might  place  in  the  presidential  chair  a  man  like  unto  it- 
self. To  the  honor  of  our  democracy,  only  pure  and  honest 
men  have  been  elected  to  the  Presidency ;  and  to  the  honor 
of  party  management,  no  low  or  vile  man  has  ever  been 
named  as  a  presidential  candidate.  Voters  ought  to  de- 
mand that  this  high  level  of  personal  character  in  presiden- 
tial aspirants  be  maintained.  The  Presidency  under  the 
Constitution  is  attainable  by  any  natural  born  citizen  (86), 
but  no  citizen  of  smirched  reputation  or  base  character 
should  feel  that  it  is  within  the  range  of  possibility  for  him 
to  become  President.  The  saneness  and  goodness  of 
democracy  will  be  assured  only  as  long  as  it  refuses  to 
ally  itself  with  evil — evil  men  or  evil  policies. 

Questions  on  the  Text 

1.  What  methods  of  electing  the  President  were  suggested  in  the 
Convention  of  1787?  Explain  the  method  that  was  adopted.  What 
change  was  made  in  this  method  by  the  twelfth  amendment? 

2.  In  what  ways  may  presidential  electors  be  chosen?  Why  has 
the  present  method  been  adopted  in  all  the  States? 

3.  Enumerate  the  constitutional  powers  and  duties  of  the  Presi- 
dent.    What  is  his  chief  constitutional  duty? 

4.  Give  an  account  of  the  share  the  President  has  in  law-making. 

5.  In  what  ways,  other  than  constitutional,  may  the  President 
influence  Congress? 

6.  What  provision  has  been  made  for  succession  to  the  Presi- 
dency ? 

7.  What  can  you  say  of  the  President  regarded  as  a  political 
personality  ? 


124  THE  AMERICAN  DEMOCRACY 

Suggestive  Questions  and  Exercises 

1.  Examine  the  Constitution  for  answers  to  the  following  ques- 
tions :  What  is  the  length  of  the  President's  term  of  oflSce  ( 79 )  ? 
What  are  his  qualifications  as  to  residence,  citizenship,  and  age 
(86)  ?  If  neither  President  nor  Vice-President  can  serve,  how  is  the 
ofiice  of  President  filled  (89)  ?  Can  a  President  have  his  salary  in- 
creased  (90)  ?     What  is  the  President's  oath  of  office  (91)  ? 

2.  Many  people  think  that  the  President  should  be  elected  for  a 
term  of  six  years,  and  that  he  should  be  ineligible  for  a  second  term. 
Discuss  this. 

3.  What  are  the  qualifications  for  the  office  of  Vice-President? 
What  are  the  duties  of  the  Vice-President? 

4.  Name  the  qualities  that  should  be  found  in  a  President.  Name 
the  four  Presidents  who  have  been  the  highest  embodiment  of  these 
qualities. 

5.  How  many  Presidents  have  been  elected  a  second  time?  Have 
the  second  administrations  of  Presidents  generally  been  successful? 

6.  Is  the  pardoning  power  a  judicial  or  an  executive  function? 
Is  the  veto  power  a  legislative  or  an  executive  function? 

7.  What  Vice-Presidents  have  succeeded  to  the  Presidency?  Of 
these  how  many  were  well  fitted  for  the  higher  position? 

8.  Ought  the  President  to  be  elected  by  a  direct  popular  vote? 

9.  Some  one  has  said:  "If  we  must  have  a  'boss,'  let  that  'boss* 
be  the  President  and  not  Congress."  Do  you  see  lurking  in  such  a 
sentiment  any  danger  to  democracy  and  to  representative  govern- 
ment?    If  so,  point  out  the  danger. 

10.  "The  President  is  the  hope  of  the  nation."     Do  you  give  your 
assent  to  this  statement? 

Topics  foe  Special  Woek 

1.  The  Veto  Power  of  the  President:  Johnson,  370-379. 

2.  Presidential  Dictatorship:    Johnson,   474-481. 

3.  Executive  Supremacy:   Kaye,   196-202. 

4.  The  President  as  a  Party  Leader:  Jones,  205-211. 

5.  Impeachment  of  President  Johnson:  Johnson,  553-556. 


XVII 
THE  FEDERAL  EXECUTIVE  DEPARTMENTS 

In  the  foregoing  chapter  we  learned  the  leading  facts  in  respect 
to  the  Presidency.  But  the  President  is  only  the  chief  officer  of  the 
executive  branch  of  the  federal  government.  Below  him  are  the 
great  federal  executive  departments  established  for  carrying  on  the 
nation's  business. 

The  Executive  Civil  Service.  With  the  exception  of  the 
provisions  referring  to  the  President  and  Vice-President, 
the  Constitution  says  very  little  about  the  executive  branch 
of  the  federal  government.  The  only  reference  to  the  or- 
ganization of  the  executive  departments  are  a  few  words 
that  merely  imply  their  existence  (93,  98).  Yet  upon  these 
few  words  of  implication  a  mighty  federal  machine  has  been 
erected. 

In  the  executive  civil  service  of  the  federal  government 
nearly  600,000  persons  are  employed.  These  persons  re- 
ceive their  positions  in  two  ways :  they  are  either  appointed 
directly  by  the  President,  or  they  are  appointed  by  the 
heads  of  departments.  The  10,000  or  more  Presidential 
appointees — the  heads  of  departments  and  their  chief  as- 
sistants, the  postmasters  of  the  larger  places,  the  chief  cus-. 
tom-house  officials  and  collectors  of  internal  revenue — must 
be  confirmed  by  the  Senate  (97).  All  the  vast  army  of 
officers  and  employees  not  appointed  directly  by  the  Presi- 
dent are  appointed  by  the  heads  of  departments. 

Every  person  in  the  executive  civil  service,  from  the 
head  of  one  of  the  great  departments  down,  receives  his 
position,  directly  or  indirectly,  from  the  President.  Con- 
gress creates  positions,  but  it  can  not  name  the  persons 

125 


126  THE  AMERICAN  DEMOCRACY 

who  are  to  fill  them.  It  may  vest  the  appointment  else- 
where than  in  the  President  (98)  but  it  can  not  place  the 
appointing  power  beyond  the  President's  reach.  Through 
the  heads  of  departments,  the  President's  power  in  re- 
spect to  appointments  extends  to  all  the  ramifications  of  the 
federal  civil  service.  And  his  power  to  remove  is  even 
greater  than  his  power  to  appoint.  Appointments  to  the 
higher  offices  must  be  agreed  to  by  the  Senate,  but  in  the 
matter  of  removals  the  Senate  need  not  be  consulted.  The 
President  may  remove  any  person  employed  in  the  federal 
executive  civil  service,  at  any  time,  for  any  reason  or  for  no 
reason. 

Of  course,  the  President  can  not  give  special  attention 
to  every  case  of  appointment  or  removal.  In  these  matters, 
as  in  everything  else,  he  must  be  guided  by  the  heads  of  de- 
partments. He  must  also  consult  Senators  and  Repre- 
sentatives and  party  leaders  about  appointments,  and  he 
must  take  care  to  allot  to  each  State  a  number  of  appoint- 
ments apportioned  to  its  population. 

Nearly  two  thirds  of  the  clerks  and  other  employees  per- 
forming routine  duties  secure  their  positions  through  the 
agency  of  the  Civil  Service  Commission.  It  is  the  duty  of 
this  Commission  to  examine  applicants  seeking  employ- 
ment under  the  federal  government  and  to  report  on  their 
fitness.  The  names  of  persons  who  have  passed  the  ex- 
aminations are  sent  to  the  heads  of  departments,  and 
selections  are  made  from  among  the  applicants  who  have 
acquitted  themselves  with  the  greatest  credit,  those  get- 
ting the  highest  marks  being  the  first  to  be  appointed. 
Employees  who  have  passed  the  civil  service  examinations 
and  secured  employment  are  allowed  to  hold  their  places 
until  the  age  of  retirement,  provided  they  conduct  them- 
selves properly  and  do  their  work  well. 

The  Cabinet.  To  assist  him  in  governing,  the  President 
summons  to  his  aid  ten  subordinates,  known  as  Secretaries. 
These  are: 


FEDERAL  EXECUTIVE  DEPARTMENTS  127 

1.  The  Secretary  of  State. 

2.  The  Secretary  of  the  Treasury. 

3.  The  Secretary  of  War. 

4.  The  Attorney-General. 

5.  The  Postmaster-General. 

6.  The  Secretary  of  the  Navy. 

7.  The  Secretary  of  the  Interior. 

8.  The  Secretary  of  Agriculture. 

9.  The  Secretary  of  Commerce. 
10.  The  Secretary  of  Labor. 

Each  of  the  Secretaries  is  responsible  to  the  President 
for  the  management  of  one  of  the  great  departments  of 
executive  business.  At  stated  times  the  Secretaries  meet 
the  President  for  consultation.  This  executive  council  is 
known  as  the  Cabinet.  The  Cabinet  as  a  body  has  no 
legal  functions  whatever,  and  is  wholly  unknown  to  the 
Constitution,  although  the  possibility  of  the  existence  of  a 
consultative  body  is  dimly  foreshadowed  in  the  words: 
''The  President  may  require  the  opinion  in  writing  of  the 
principal  officers  in  each  of  the  executive  departments  upon 
any  subject  relating  to  the  duties  of  their  respective  of- 
fices" (93). 

The  Cabinet  meets  at  the  White  House  at  the  call  of  the 
President.  If  the  President  should  fail  to  call  his  Secre- 
taries together,  there  would  be  no  such  thing  as  a  Cabinet. 
Several  years  ago  there  was  a  rumor  abroad  that  the  Presi- 
dent had  decided  to  do  away  with  the  Cabinet.  The  rumor 
proved  to  be  only  a  fabrication;  yet,  if  the  President  had 
wished  to  abolish  the  Cabinet,  he  could  have  done  so. 
Records  of  the  meetings  of  the  Cabinet  are  rarely  kept,  and 
the  public  knows  nothing  of  what  takes  place  at  them. 
The  President  is  not  bound  to  act  in  accordance  with  the 
wishes  of  the  Cabinet,  and  not  infrequently  he  acts  in  op- 
position to  their  wishes.  The  function  of  the  Cabinet — 
if  it  can  be  said  to  have  a  function  at  all — is  to  discuss  and 
advise :  it  is  for  the  President  to  decide  and  act. 


128  THE  AMERICAN  DEMOCRACY 

Organization  of  the  Departments.  For  the  most  part,  it 
is  through  his  Cabinet  officers,  acting  as  heads  of  the  great 
departments,  that  the  President  governs.  The  names  of 
these  departments,  a  brief  statement  of  the  purpose  for 
which  each  has  been  established,  and  a  general  view  ^  of 
the  organization  of  each  will  now  be  given : 

I.  The  Department  of  State ,  under  the  management  of 
the  Seoretary  of  State,  attends  to  foreign  affairs.  In  this 
department  are  the  Diplomatic  Bureau,'^  the  Consular 
Bureau,  Division  of  Passport  Controls,  and  the  Bureau  of 
Rolls  and  Library. 

II.  The  Department  of  the  Treasury,  under  the  Secre- 
tary of  the  Treasury,  manages  the  financial  business  of  the 
country.  In  this  great  department  are  the  offices  of  the 
Comptroller  of  the  Currency,  the  Treasurer  of  the  United 
States,  the  Commissioner  of  Internal  Revenue,  the  Director 
of  the  Mint,  the  Comptroller  of  the  Treasury,  the  Bureau 
of  the  Public  Health  Service,  and  the  Bureau  of  War  Risk 
Insurance. 

III.  The  Department  of  War,  under  the  Secretary,  of 
War,  has  charge  of  all  matters  relating  to  the  land  forces, 
to  sea-coast  fortifications,  and  to  the  administration  of  the 
Military  Academy  at  West  Point.  In  addition  to  many 
offices  and  bureaus  whose  duties  relate  wholly  to  the  art  of 
war,  there  are  also  in  the  department  the  Bureau  of  Insular 
Affairs  and  the  Board  of  Engineers  for  Rivers  and  Har- 
bors. 

1  The  services  of  the  several  executive  departments  will  receive  attention 
at  appropriate  places  hereafter.  In  this  section  only  the  organization  of  the 
departments  will   be   indicated. 

2  Since  each  of  the  ten  departments  has  a  large  volume  of  executive  busi- 
ness, it  is  necessary  to  subdivide  the  work  of  a  department  and  place  an 
officer  at  the  head  of  each  subdivision.  A  subdivision  is  usually  called  a 
bureau,  and  the  head  of  a  bureau  is  called  a  director,  or  commissioner,  or 
superintendent.  In  the  text  only  the  important  subdivisions  are  mentioned. 
When  the  work  of  the  Secretary  of  a  department  becomes  too  heavy  for  one 
man,  he  is  provided  with  as  many  assistant  secretaries  as  may  be  needful. 
Thus  in  the  Department  of  State  there  are  three  assistant  secretaries;  in  the 
Department  of  the  Treasury,  five.  A  full  account  of  the  organization  of  all 
the  ten  executive  departments  of  the  federal  government  is  found  in  the  Con- 
gressional Directory,  a  work  compiled  for  the  use  of  members  of  Congress. 
This  book  ought  to  be  available  for  class  use.  A  copy  of  it  might  possibly  be 
secured  through  the  courtesy  of  a  Representative  or  a  Senator. 


FEDERAL  EXECUTIVE  DEPARTMENTS  129 

IV.  The  Department  of  Justice,  under  the  Attorney- 
General,  is  the  law  department  of  the  national  government. 
When  the  President  or  a  member  of  the  Cabinet  desires 
legal  advice,  it  is  furnished  by  this  department.  When 
the  federal  government  is  interested  in  a  ease,  an  officer 
of  the  Department  of  Justice  defends  or  prosecutes  the 
suit  in  the  federal  courts. 

V.  The  Post-Office  Department,  under  the  Postmaster- 
General,  in  addition  to  collecting,  carrying,  and  distribut- 
ing the  mail,  maintains  a  parcel  post,  manages  a  system  of 
postal  savings  banks,  provides  the  public  with  stamps  and 
postal  cards,  and  conducts  a  postal  order  system  by  which 
money  may  be  safely  transmitted  to  all  parts  of  the  world. 
The  Postmaster-General  is  assisted  in  his  duties  by  four  as- 
sistant postmasters-general. 

VI.  The  Department  of  the  Navy,  under  the  Secretary 
of  the  Navy,  purchases  naval  supplies,  provides  for  the 
construction  and  equipment  of  vessels,  supervises  the  navy- 
yards  and  docks,  and  controls  the  Naval  Academy  at  An- 
napolis. 

VII.  The  Department  of  the  Interior,  under  the  Secre- 
tary of  the  Interior,  has  charge  of  national  affairs  that 
are  of  purely  domestic  concern.  Among  the  bureaus  and 
officers  of  this  large  department  are  the  General  Land  Of- 
fice, the  Office  of  Indian  Affairs,  the  Bureau  of  Pensions, 
the  Patent  Office,  the  Bureau  of  Education,  the  Reclama- 
tion Service,  and  the  Geological  Survey. 

VIII.  The  Department  of  Agriculture,  under  the  Secre- 
tary of  Agriculture,  diffuses  among  the  people  of  the 
United  States  useful  information  on  subjects  connected 
with  agriculture,  its  chief  subdivisions  being  the  Office  of 
Farm  Management,  the  Weather  Bureau,  the  Bureau  of 
Animal  Industry,  the  Bureau  of  Plant  Industry,  the  Forest 
Service,  the  Bureau  of  Crop  Estimates,  and  the  Bureau  of 
Puhlic  Boads  and  Rural  Engineering. 

IX.  The  Department  of  Commerce,  under  the  Secretary 
of  Commerce,  fosters,  promotes,  and  develops  foreign  and 


130  THE  AMERICAN  DEMOCRACY 

domestic  commerce,  mining,  manufacturing,  shipping  and 
fishing  industries,  and  transportation  facilities.  In  this 
department  are  the  Bureau  of  the  Census,  the  Bureau  of 
Foreign  and  Domestic  Commerce,  the  Bureau  of  Standards, 
the  Bureau  of  Lighthouses,  the  Coast  and  Geodetic  Survey, 
the  Bureau  of  Navigation,  and  the  Steamboat  Inspection 
Service. 

X.  The  Department  of  Labor,  under  the  Secretary  of 
Labor,  promotes  and  develops  the  welfare  of  wage-earners, 
its  chief  subdivisions  being  the  United  States  Employment 
Service,  the  Bureau  of  Immigration,  the  Bureau  of 
Naturalization,  the  Bureau  of  Labor  Statistics,  and  the 
Children's  Bureau. 

Executive  Work  Outside  the  Departments.  Several  im- 
portant items  of  executive  business  have  not  been  brought 
under  the  supervision  of  any  one  of  the  ten  great  depart- 
ments. The  Interstate  Commerce  Commission,  a  body  com- 
posed of  eleven  commissioners,  is  outside  the  control  of  any 
department.  The  Civil  Service  Commission  (p.  126)  con- 
sists of  three  members  who  are  responsible  directly  to  the 
President. 

The  Federal  Reserve  Board,  which  is  composed  of  the 
Secretary  of  the  Treasury,  the  Comptroller  of  the  Currency, 
and  five  members  appointed  by  the  President,  and  which 
conti*ols  the  organization  and  operations  of  the  Federal 
Reserve  Banks  (p.  311),  is  an  extra-departmental  agency. 
The  Federal  Trade  Commission  (p.  345),  composed  of  five 
members  appointed  by  the  President,  is  outside  the  control 
of  any  department.  The  Board  of  Mediation  and  Con- 
ciliation,  which  consists  of  a  commissioner  appointed  by 
the  President  and  of  two  other  officers  of  the  government 
designated  hy  the  President,  is  responsible  only  to  the 
President.  Likewise  the  Shipping  Board  (p.  319),  the 
Tariff  Commission  (p.  318),  the  Government  Printing  Of- 
fice, the  Library  of  Congress,  the  Railway  Labor  Board 
(p.  336),  and  the  Smithsonian  Institution  are  outside 
of  regular  departmental  control.     The  chief  officers  in  all 


FEDERAL  EXECUTIVE  DEPARTMENTS      131 

these  cases  of  extra-departmental  activity  are  nominated 
by  the  President  and  confirmed  by  the  Senate,  just  as  the 
other  principal  officers  are. 

Salaries  of  Federal  Officials.     The  salaries  of  the  lead- 
ing federal  officers  are  as  follows: 

President    $75,000 

Vice-President    15,000 

Members  of  the  Cabinet 12,000 

Chief  Justice  of  the  Supreme  Court 15,000 

Associate  Justices  of  Supreme  Court 14,500 

Judges  of  Circuit  Courts 8,500 

Judges  of  District  Courts 7,500 

Representatives    7,500 

Senators    7,500 

Ambassadors    17,500 

Ministers   10,000 

Members  of  Interstate  Commerce  Commission . . .  10,000 

Members  of  Federal  Trade  Commission 10,000 

Members  of  Federal  Reserve  Board 12,000 

Heads  of  Bureaus  and  Divisions 3,000  to  6,000 

Assistant  Secretaries  of  Departments 5,000 

Questions  on  the  Text 

1.  What  is  said  in  the  Constitution  about  the  organization  of  the 
federal  executive  departments?  In  what  two  ways  do  persons  be- 
longing to  the  executive  civil  service  receive  their  positions?  What 
is  the  extent  of  the  President's  power  of  removal?  In  what  way  do 
most  of  the  federal  employees  secure  their  positions? 

2.  Give  an  account  of  the  organization  of  the  Cabinet.  What  is 
the  chief  duty  of  the  Cabinet? 

3.  Give  a  brief  account  of  the  organization  of  each  of  the  ten 
great  federal  departments. 

4.  Mention  several  agencies  of  executive  business  that  do  not 
come  under  departmental  control. 

Suggestive  Questions  and  Exercises 

1.  In  England  the  Cabinet  consists  of  a  group  of  about  twenty  of 
the  leading  members  of  Parliament,  At  the  head  of  this  group  is 
the  Prime  Minister.     The  Cabinet  members,  besides  serving  as  law- 


132  THE  AMERICAN  DEMOCRACY 

makers,  at  the  same  time  act  as  the  highest  executive  officers  of  the 
realm.  The  English  Cabinet,  therefore,  is  in  reality  a  committee  of 
Parliament;  and,  since  the  Cabinet  really  controls  the  execution  of 
the  laws,  we  may  say  that  the  executive  branch  of  the  English  gov- 
ernment is  a  committee  of  Parliament.  The  English  Cabinet  is  com- 
posed of  the  members  of  the  political  party  in  power,  and  its  actions 
reflect  the  policy  of  that  party.  When  a  Cabinet  fails  to  be  sup- 
ported by  a  majority  of  the  House  of  Commons,  custom  compels  it 
either  to  resign  or  to  appeal  to  the  country  by  holding  an  election 
for  a  new  House. 

It  is  often  proposed  that  the  members  of  the  American  Cabinet 
be  allowed  to  appear  in  Congress  and  urge  upon  that  body  the 
passage  of  measures  that  are  desired  by  the  executive.  What  char- 
acteristic principle  of  our  government  would  such  a  course  violate? 
Would  it  be  well  to  abandon  our  traditional  policy  and  allow  mem- 
bers of  the  Cabinet  to  appear  before  Congress  and  make  known  the 
wishes  of  the  executive  department? 

2.  Name  the  members  of  the  American  Cabinet  as  at  present  con- 
stituted. 

3.  What  is  a  bureaucracy? 

Topics  fob  Special  Wobk 

1.  Limiting  Partizan   Activity  of  Office-Holders :    Jones,  260-266. 

2.  The  Term  "Cabinet"  in  the  United  States :  Learned,  135-158. 

3.  The  Creation  of  the  Cabinet:  Learned,  110-134. 

4.  The  Cabinet:   Kaye,  211-218. 

5.  The  Cabinet  and  National  Administration:  Munro,  126-145. 


XVIII 
THE  FEDERAL  JUDICIARY 

The  organization  of  the  executive  and  legislative  branches  of  the 
federal  government  having  received  attention,  there  remains  to  be 
described  the  organization  of  the  judicial  branch.  Of  what  grades 
of  courts  is  the  federal  judiciary  composed?  What  kind  of  cases 
are  tried  in  these  courts?  What  powers  do  these  courts  exercise  in 
respect  to  the  acts  of  legislatures? 

Explanation  of  Terms.  Before  proceeding  with  the  sub- 
ject before  us,  several  terms  need  to  be  explained.  Cases 
or  actions  that  come  before  courts  are  either  criminal 
or  civil.  A  criminal  case  is  one  in  which  a  person  is  tried 
for  crime.  In  a  federal  court  a  person  accused  of  crime 
is  guaranteed  a  trial  by  jury  (139)  in  the  State  within 
which  the  crime  was  committed.  A  civil  case,  broadly 
speaking,  is  a  controversy  between  private  individuals  con- 
cerning the  rights  of  property.  When  a  civil  case  is  tried 
before  a  judge  and  jury  (141)  it  is  a  case  at  law;  when 
a  civil  case  is  tried  before  a  judge  only,  it  is  a  case  at 
equity.  The  jurisdiction  of  a  court  is  its  power  or  au- 
thority to  hear  and  determine  controversies.  When  a 
court  may  deal  with  an  action  from  its  commencement, 
it  has  original  jurisdiction;  when  it  reviews  a  case  that 
has  been  tried  in  a  lower  court,  it  has  appellate  jurisdic- 
tion; when  a  case  may  be  tried  either  in  one  court  or  an- 
other, the  two  courts  are  said  to  have  concurrent  jurisdic- 
tion ;  when  a  case  is  carried  from  a  lower  court  to  a  higher 
one  to  be  heard,  an  appeal  is  said  to  be  taken. 

Independence  of  the  Federal  Judiciary.  The  Constitu- 
tion does  all  that  can  be  done  to  secure  an  independent 

133 


134  THE  AMERICAN  DEMOCRACY 

judiciary.  It  is  true  that  the  President  appoints  the 
federal  judges  ('96)  ;  but,  once  appointed,  they  can  not  be 
removed  except  for  cause  (106),  and  then  only  by  the 
solemn  process  of  impeachment.  Moreover,  the  salary  of 
a  federal  judge  is  secure;  it  may  be  increased,  but  it  can 
never  be  decreased  (106).  Indeed,  the  conditions  that 
surround  the  federal  judiciary  render  it  as  independent 
as  it  is  possible  to  make  it. 

Organization  of  the  Federal  Courts.  In  the  administration 
of  justice  there  is  alwaj's  a  gradation  of  courts — lower 
courts  for  the  least  important  cases,  higher  courts  for  the 
weightier  cases,  and  a  highest  or  supreme  court.  The  men 
of  the  Convention  doubtless  had  the  existing  graded  system 
of  State  courts  in  mind  when  they  planned  for  the  federal 
judiciary,  but  in  the  Constitution  they  indicated  the  or- 
ganization of  the  federal  courts  only  in  the  broadest  man- 
ner. They  provided  for  the  Supreme  Court  (105),  and 
left  the  establishment  and  the  gradation  of  the  lower  courts 
to  the  action  of  Congress.  A  Supreme  Court  there  must 
be,  just  as  there  must  be  a  President;  but  the  existence 
of  the  lower  courts  depends  upon  legislation. 

One  of  the  first  things  done  by  the  first  Congress  was 
to  pass  (1789)  the  Judiciary  Act,  by  which  the  Supreme 
Court  and  the  lower  federal  courts  were  organized.  The 
organization  provided  in  1789  has,  of  course,  been  changed 
from  time  to  time  to  suit  changing  conditions.  At  present 
(1920)  the  organization  of  the  federal  judiciary  is  as 
follows : 

I.  District  Courts.  The  lowest  of  the  federal  courts 
is  the  District  Court,  presided  over  by  a  district  judge. 
In  every  State  there  is  at  least  one  District  Court,  and  in 
the  larger  States  there  are  several.  Altogether  there  are 
in  the  United  States  about  one  hundred  and  ten  District 
Courts. 

The  District  Court  has  original  jurisdiction  in  nearly 
all  of  those  classes  of  cases,  both  civil  and  criminal,  that 


THE  FEDERAL  JUDICIARY  135 

arise  under  the  laws  of  the  United  States.  In  this  court 
are  tried  admiralty  and  maritime  cases,  counterfeit  cases, 
copyright  and  patent  eases,  cases  arising  under  the  postal 
laws,  under  the  revenue  laws,  under  the  pure-food  laws, 
under  the  public-land  laws,  under  the  laws  regulating  im- 
migration and  naturalization,  under  the  interstate  com- 
merce laws.  Cases  involving  controversies  between  citizens 
of  different  States  may  also  be  tried  in  the  District  Court 
when  the  defendant  in  such  a  case  so  desires.  In  fact, 
almost  every  kind  of  case  cognizable  by  the  authority  of 
the  United  States  is  tried  in  the  first  instance  in  the  Dis- 
trict Court.  A  case  appealed  from  a  District  Court  is  car- 
ried either  to  the  Circuit  Court  of  Appeals  or  to  the  Su- 
preme Court. 

II.  The  Circuit  Court  of  Appeals.  For  the  trial  of  cer- 
tain classes  of  cases  upon  appeal.  Congress  has  established 
nine  judicial  circuits,  and  has  provided  for  each  circuit  a 
court  known  as  the  Circuit  Court  of  Appeals.^  This  court 
is  composed  of  regular  circuit  judges  and  judges  of  the 
other  courts,  three  judges  being  necessary  for  the  trial  of  a 
case. 

The  Circuit  Court  of  Appeals,  as  would  be  inferred 
from  its  name,  has  appellate  jurisdiction  only.  It  was  es- 
tablished in  1891  for  the  purpose  of  trying  certain  classes 
of  cases  that  had  hitherto  been  tried  by  the  Supreme  Court. 
With  this  purpose  in  view.  Congress  has  provided  that  all 
appeals  from  the  District  Court  shall  be  taken  directly  to 
the  Circuit  Court  of  Appeals,  except  in  the  five  following 
instances:  (1)  When  the  case  involves  a  question  of  juris- 
diction; (2)  when  it  involves  the  construction  of  the  Consti- 
tution of  the  United  States;  (3)  when  it  involves  a  ques- 

1  The  First  Circuit  consists  of  Maine,  Massachusetts,  New  Hampshire, 
Rhode  Island,  Porto  Rico.  Second — Connecticut,  New  York,  Vermont. 
Third — Delaware,  New  Jersey,  Pennsylvania.  Fourth — Maryland,  North 
Carolina,  South  Carolina,  Virginia,  West  Virginia.  Fifth — Alabama,  Florida, 
Georgia,  Louisiana,  Mississippi,  Texas,  Canal  Zone.  Sixth — Kentucky,  Michi- 
gan, Ohio,  Tennessee.  Seventh — Illinois,  Indiana,  Wisconsin.  Eighth — Ar- 
kansas, Colorado,  Oklahoma,  Iowa,  Kansas,  Minnesota,  Missouri,  Nebraska, 
New  Mexico,  North  Dakota,  South  Dakota,  Utah,  Wyoming.  Ninth — 
Alaska,  Arizona,  California,  Idaho,  Montana,  Nevada,  Oregon,  Washington, 
Hawaii. 


136  THE  AMERICAN  DEMOCRACY 

tion  of  the  constitutionality  of  a  law;  (4)  when  it  involves 
the  construction  of  a  treaty;  (5)  when  it  involves  conviction 
for  higher  crimes.  These  excepted  classes  of  appeals  must 
be  taken  directly  from  the  District  Court  to  the  Supreme 
Court.  In  all  other  cases  than  these  the  appeal  lies  to  the 
Circuit  Court  of  Appeals.  The  decisions  of  this  court  are 
made  final  in  certain  enumerated  classes  of  cases,  including 
copyright,  patent,  and  admiralty  cases,  thus  relieving  the 
Supreme  Court  entirely  of  those  cases.  The  cases  not 
enumerated  as  final  are  still  appealable  to  the  Supreme 
Court. 

III.  The  Supreme  Court,  consisting  of  the  Chief  Justice 
and  eight  associate  justices.  This  court  holds  its  regular 
sessions  in  the  Capitol  at  "Washington,  sitting  from  October 
to  July.  The  presence  of  at  least  six  judges  is  required  in 
the  trial  of  a  case,  and  the  judgment  of  a  majority  of  the 
judges  sitting  at  a  trial  is  necessary  in  rendering  a  decision. 
The  Chief  Justice  presides  at  the  sessions  of  the  court,  but 
when  the  court  is  forming  its  decision  he  is  on  an  equality 
with  the  other  judges.  He  has  but  one  vote,  and  that  is 
often  cast  with  the  minority.  In  authority  and  dignity  the 
Supreme  Court  of  the  United  States  transcends  all  other 
judicial  tribunals. 

The  Supreme  Court  has  original  jurisdiction  in  all  cases 
affecting  ambassadors,  ministers,  and  consuls,  and  in  those 
cases  in  which  a  State  is  one  of  the  parties  to  the  contro- 
versy (110).  Its  appellate  jurisdiction  includes  certain 
cases  that  are  brought  up  to  it  from  the  Circuit  Court  of 
Appeals,  and  all  those  cases  that  must  be  brought  to  it 
directly  from  the  District  Court.  Since  there  is  no  higher 
tribunal,  a  decision  of  the  Supreme  Court  of  the  United 
States  is  accepted  as  being  the  law  of  the  land. 

The  Supreme  Court  and  the  Constitution.  The  Supreme 
Court  has  been  called  "the  guardian  of  the  Constitution." 
Of  course,  the  real  guardian  of  the  Constitution  is  the 
electorate;  yet  the  Supreme  Court  may  do  much,  and  has 


THE  FEDERAL  JUDICIARY  137 

done  much,  to  preserve  our  fundamental  law  in  its  integ- 
rity. The  place  of  the  Supreme  Court  as  a  defender  of 
the  Constitution  is  seen  in  its  power  to  declare  as  void 
and  without  force  all  acts  that  are  repugnant  to  the  Con- 
stitution. If  a  State  law  or  a  law  of  Congress  seems  to 
the  Supreme  Court  to  conflict  with  the  Constitution,  that 
tribunal,  when  a  case  arising  under  the  law  is  brought 
before  it,  will  declare  the  law  unconstitutional,  and  its  ex- 
istence will  be  blotted  out.  ^'When  a  statute  is  adjudged 
to  be  unconstitutional,  it  is  as  if  it  had  never  been.  Rights 
can  not  be  brought  up  under  it;  contracts  which  depend 
upon  it  for  their  consideration  are  void;  it  constitutes  a 
protection  to  no  one  who  has  acted  under  it,  and  no  one 
can  be  punished  for  having  refused  obedience  to  it  before 
the  decision  was  made."   (Cooley.) 

When  the  Supreme  Court  declares  an  act  of  Congress 
unconstitutional,  we  see  the  judiciary  undoing  the  work 
of  the  legislature,  and  at  first  sight  we  are  inclined  to 
accuse  the  judiciary  of  assuming  more  power  than  belongs 
to  it.  But  lawyers  do  not  take  this  view  of  the  matter. 
Courts  of  law,  whether  low  or  high,  are  established  to 
settle  disputes  between  litigants.  They  do  not  seek  cases, 
but  wait  until  cases  are  brought  to  them.  The  Missouri 
Compromise  was  placed  on  the  statute  books  in  1820,  but 
it  was  not  until  1857  that  it  was  declared  unconstitutional. 
When  a  case  is  brought  into  court,  the  judge  must  settle 
it  strictly  according  to  the  law.  Now,  there  are  four  kinds 
of  laws  in  the  United  States,  which  every  judge,  high  or 
low,  must  consider  when  rendering  a  decision,  viz.,  (1) 
laws  of  the  State,  whether  made  by  the  legislature  or 
through  the  initiative  and  referendum,  (2)  the  State  consti- 
tution, (3)  the  laws  of  Congress,  and  (4)  the  federal  Con- 
stitution. The  court,  whether  the  Supreme  Court  of  the 
United  States  or  the  petty  town  court,  has  these  laws  before 
it  when  it  decides  a  case,  and  if  there  is  a  conflict  between 
two  laws  the  lower  law  must  give  way.  If  the  conflict  is 
between  a  law  of  Congress  and  the  Constitution  of  the 


138  THE  AMERICAN  DEMOCRACY 

United  States,  the  Supreme  Court  holds  that  the  former 
must  give  way  because  the  Constitution  is  the  supreme  law 
of  the  land  (127).  So,  when  the  Supreme  Court  decides 
that  a  law  of  Congress  is  unconstitutional,  it  does  only  what 
a  justice  of  the  peace  might  do :  it  selects  from  conflicting 
laws  the  law  of  greatest  authority  and  renders  a  decision  in 
accordance  with  this  highest  law.  There  is,  however,  this 
great  difference  between  a  justice  of  the  peace  declaring  a 
law  of  Congress  unconstitutional  and  a  similar  decision  of 
the  federal  Supreme  Court:  there  is  an  appeal  from  the 
decision  of  the  justice,  but  there  is  no  appeal  from  the  de- 
cision of  the  Supreme  Court. 

The  reasons  for  reposing  in  courts  the  power  to  declare 
acts  of  legislatures  null  and  void  are  to  be  sought  in  the 
principles  that  underlie  a  government  whose  powers  are 
enumerated  in  a  written  constitution.  These  reasons  are  set 
forth  with  wonderful  clearness  in  a  celebrated  decision  ^ 
of  the  great  Marshall:  "The  original  and  supreme  will 
(the  people)  organizes  and  assigns  to  different  departments 
their  respective  powers.  The  powers  of  the  legislature  are 
defined  and  limited;  that  these  limits  may  not  be  mis- 
taken or  forgotten  the  Constitution  is  written.  To  what 
purpose  are  powers  limited,  and  to  what  purpose  is  that 
limitation  committed  to  writing,  if  these  limits  may  at 
any  time  be  passed  by  those  intended  to  be  restrained? 
Certainly  all  those  who  have  framed  written  constitutions 
contemplate  them  as  the  fundamental  paramount  law  of 
the  nation,  and  consequently  the  theme  of  every  such  gov- 
ernment must  be  that  an  act  of  the  legislature  repugnant 
to  the  constitution  is  void.  It  is  emphatically  the  prov- 
ince and  duty  of  the  judicial  department  to  say  what  the 
law  is.  If  a  law  be  in  opposition  to  the  Constitution  the 
court  must  either  decide  the  case  conformably  to  the  law 
disregarding  the  Constitution  or  conformably  to  the  Con- 
stitution disregarding  the  law.  The  court  must  determine 
which  of  the  conflicting  rules  governs  the  case.     This  is 

1  Marbury  vg,  Madison. 


THE  FEDERAL  JUDICIARY  139 

the  very  essence  of  the  judicial  duty.  The  courts  can  not 
close  their  eyes  to  the  Constitution  and  see  only  the  law. 
This  doctrine  would  subvert  the  very  foundation  of  all 
written  constitutions.  It  would  be  giving  to  the  legisla- 
ture a  practical  and  real  omnipotence  with  the  same  breath 
which  professes  to  restrict  their  powers  within  narrow 
limits.  It  is  prescribing  limits  and  declaring  that  these 
limits  may  be  passed  at  pleasure.'' 

This  reasoning  alarmed  those  who  were  opposed,  to  a 
strong  central  government,  for  they  saw  in  the  doctrine 
of  the  Chief  Justice  an  attack  not  only  upon  the  rights  of 
Congress  but  upon  the  rights  of  the  States  as  well.  If  the 
Supreme  Court  could  set  aside  an  act  of  the  federal  legis- 
lature, with  greater  ease  could  it  set  aside  an  act  of  a  State 
legislature  or  a  clause  of  a  State  constitution;  and  if  it 
could  do  this,  what  would  become  of  the  rights  of  the  State? 
Marshall  was  attacked  bitterly  by  the  opposition;  but  he 
stood  by  his  guns,  and  in  decision  after  decision  he  con- 
tinued for  more  than  thirty  years  to  assert  the  supremacy 
of  the  federal  Constitution  and  to  declare  void  any  law 
that  was  repugnant  of  it.  In  the  hundred  and  thirty-one 
years  of  its  existence  the  Supreme  Court  has  pronounced 
thirty-three  acts  of  Congress  and  more  than  two  hundred 
and  twenty  State  laws  to  be  in  conflict  with  the  Constitution. 

The  Supreme  Court  and  the  People.  When  the  Supreme 
Court  renders  a  decision  in  a  case,  the  litigants  must  obey 
and  the  whole  body  of  the  American  people  must  com- 
pletely and  peacefully  acquiesce  in  the  decision.  This  does 
not  mean,  and  it  ought  not  to  be  regarded  as  meaning, 
that  the  Supreme  Court  ha^  the  last  word  on  any  and 
every  constitutional  question,  and  that  its  decisions  shall 
be  binding  forever  and  forever.  The  last  word  is  always 
with  the  people.  The  Supreme  Court,  when  expressing  an 
opinion,  simply  utters  the  will  of  the  people  as  it  is  ex- 
pressed in  the  Constitution.  If  the  people  do  not  like  the 
sound  of  their  own  voice,  if  they  are  no  longer  satisfied 


140  THE  AMERICAN  DEMOCRACY 

with  their  Constitution,  they  can  amend  it.  When  they 
shall  have  amended  it,  the  Supreme  Court  will  instantly 
recognize  the  amendment  as  the  supreme  law  of  the  land, 
and  will  render  judgment  in  accordance  with  the  letter 
and  spirit  of  the  amendment. 

Federal  Courts  Outside  the  Federal  System.  Exercising 
federal  authority,  but  not  a  part  of  the  federal  judicial 
system  described  above,  is  the  Court  of  Claims ,  established 
in  1855  for  the  purpose  of  hearing  claims  founded  upon 
contracts  made  with  the  government  of  the  United  States. 
The  judgments  of  this  court  being  against  a  sovereign  state 
can  not  be  enforced  against  the  government  as  judgments 
are  enforced  against  private  persons.  They  are  satisfied 
out  of  money  appropriated  by  Congress  for  the  purpose. 
The  Court  of  Claims  holds  its  sessions  in  Washington. 

Other  courts  outside  of  the  regular  federal  system  are 
the  territorial  courts  (p.  148),  and  the  courts  that  have 
been  established  in  the  District  of  Columbia.  These  are 
not  the  federal  courts  contemplated  in  the  Constitution; 
they  are  ordinary  law  courts  established  by  Congress  in 
pursuance  of  its  power  to  govern  the  Territories  (119)  and 
the  District  of  Columbia  (61).  Their  functions  correspond 
to  that  of  the  law  courts  of  a  State  (p.  175). 

Officers  of  the  Federal  Courts.  Every  district  must  be 
supplied  with  a  district  attorney,  a  marshal,  and  a  clerk. 
The  district  attorney  prosecutes  and  defends  in  the  federal 
courts  suits  to  which  the  United  States  is  a  party.  The 
marshal  is  the  federal  sheriff  (p.  184).  He  executes  the 
judgments  and  orders  of  the  court.  The  marshal  is  the 
connecting  link  between  the  judiciary  and  the  executive. 
He  acts  under  the  order  of  the  court,  but  in  the  name  of 
the  President.  In  the  enforcement  of  a  decision  of  the 
court  he  may  call  to  his  aid  a  posse  of  citizens  and  even 
the  federal  army.  If  the  President  should  refuse  to  fur- 
nish the  force  necessary  to  execute  a  decree  of  the  court, 


THE  FEDERAL  JUDICIARY  141 

he  would  thereby  paralyze  the  arm  of  the  judiciary.  The 
clerk  (appointed  by  the  court)  keeps  a  record  of  the  pro- 
ceedings of  the  court.  The  officers  of  a  District  Court 
serve  also  as  officers  of  a  Circuit  Court.  District  attorneys 
and  marshals  are  appointed  by  the  President. 

Questions  on  th&  Text 

1.  What  is  a  criminal  case?  a  case  in  equity?  a  case  at  law? 
What  is  meant  by  original  jurisdiction?  concurrent  jurisdiction? 

2.  How  is  the  independence  of  the  federal  judiciary  secured? 

3.  Name  the  three  grades  of  federal  courts.  Give  an  account  of 
the  organization  and  jurisdiction  of  each  of  these  courts. 

4.  What  is  the  effect  of  declaring  a  statute  to  be  unconstitu- 
tional? What  four  kinds  of  laws  must  be  considered  by  every 
judge?  What  reasons  were  given  by  Marshall  to  sustain  the  power 
of  the  Supreme  Court  to  declare  an  act  of  Congress  unconstitutional  ? 
To  what  extent  has  the  Supreme  Court  pronounced  laws  unconsti- 
tutional ? 

5.  In  what  relation  does  the  Supreme  Court  stand  to  the  people? 

6.  Give  an  account  of  the  federal  courts  that  are  outside  of  the 
regular  federal  system. 

7.  Name  the  officers  of  the  federal  courts  and  state  the  duties  of 
each. 

Suggestive  Questions  and  Exercises 

1.  Consult  Article  III,  Section  2,  of  the  Constitution,  and  enu- 
merate the  kinds  of  cases  that  may  be  tried  in  the  federal  courts. 

2.  What  is  the  number  of  the  federal  circuit  that  holds  sessions  in 
your  State?  What  are  the  boundaries  of  this  circuit?  Name  the 
judge  of  the  district  in  which  you  live. 

3.  What  are  the  salaries  of  the  judges  of  the  several  federal 
courts?     Do  these  salaries  seem  to  be  sufficient? 

4.  Thomas  Jefferson  proposed  that  the  terms  of  the  judges  of  the 
Supreme  Court  be  limited  to  four  or  six  years.  Discuss  the  propo- 
sition. 

5.  How  many  of  the  present  judges  of  the  Supreme  Court  are 
Democrats?  How  many  are  Republicans?  Should  a  President,  in 
appointing  a  judge,  consider  the  party  affiliations  of  the  appointee? 

6.  Name  the  Chief  Justice  of  the  federal  Supreme  Court  and  the 
eight  associate  justices. 

7.  Give  an  account  of  two  famous  decisions  of  the  Supreme  Court 
of  the  United  States. 

8.  If  Congress  should  pass  a  law  that  the  people  wanted  and  the 
Supreme  Court  should  set  the  law  aside,  what  remedy  have  the 
people  ? 

9.  Explain  each  of  the  following  checks  and  balances  mentioned 
by  John  Adams: 


142  THE  AMERICAN  DEMOCRACY 

(1)  The   House   of   Representatives   is   balanced   against  the 

Senate   and   the   Senate  against  the   House   of   Repre- 
sentatives. 

(2)  The  executive  authority  is  balanced  against  the  legisla- 

ture. 

(3)  The  judiciary  power  is  balanced  against  the  House,  the 

Senate,  the  executive  power,  and  the  State  governments. 

(4)  The  Senate  is  balanced  against  the  President  in  all  ap- 

pointments of  office  and   in  all  treaties. 

(5)  The  people  are  balanced  against  their  representatives  by 

biennial  elections. 

(6)  The  legislature  of  the  several  States  are  balanced  against 

the  Senate  by  sextennial  elections. 

(7)  The  electors  [presidential]  are  balanced  against  the  peo- 

ple in  the  choice  of  President. 

10.  Of  the  "checks  and  balances"  mentioned  above,  which  one  is 
no  longer  in  operation? 

Topics  fob  Special  Wobk 

1.  The  Power  of  the  Federal  Judiciary  to  Declare  Acts  of  Con- 

gress Void:  Johnson,  246-253. 

2.  Jurisdiction  of  the  Supreme  Court:   Johnson,  282-290. 

3.  The  Term  of  Office  in  the  Federal  Courts:  Kaye,  250-255. 

4.  The  Character  of  the  Good  Judge:   Kaye,  247-250. 

5.  The  Judicial  Power  of  Declaring  What  has  the  Form  of  Law 

Not  to  be  Law:   Kaye,  250-255. 

6.  The  Supreme  Court  and  the  Subordinate  Courts:  Munro,  357- 

37L 


XIX 

TERRITORIES  AND  DEPENDENCIES 

An  account  of  the  organization  of  the  federal  government  may 
appropriately  be  followed  by  an  account  of  the  governments  of  our 
dependent  Territories.  For,  from  the  beginning  of  our  history  to 
the  present,  the  United  States  has  held  territory  that  has  been  sub- 
ject to  federal  control.  This  chapter,  therefore,  will  give  an  ac- 
count of  the  manner  in  which  our  dependencies  are  governed. 

In  the  treatment  it  will  be  convenient  to  speak  of  Territories  and 
Dependencies,  but  it  must  not  be  supposed  that  the  distinction  be- 
tween a  Territory  and  a  Dependency  is  always  sharp  and  clear,  for 
it  is  not.  The  student,  however,  will  do  well  to  bear  in  mind  that 
a  Territory  is  incorporated  into  and  forms  a  part  of  the  United 
States,  while  a  Dependency,  although  belonging  to  the  United  States, 
is  not  necessarily  an  integral  part  of  the  federal  Union. 

How  Territories  and  Dependencies  are  Governed.    All 

territory  not  included  within  the  boundaries  of  a  State, 
yet  subject  to  the  dominion  of  the  United  States,  is  wholly 
dependent  upon  Congress  for  its  governmental  powers. 
This  is  the  fundamental  principle  underlying  all  questions 
relating  to  the  government  of  territory  subject  to  the  sover- 
eignty of  the  United  States  and  not  included  within  a  State. 
"The  Congress,''  says  the  Constitution,  ''shall  have  power 
to  dispose  of  and  make  all  needful  rules  and  regulations 
respecting  the  territory  or  other  property  belonging  to 
the  United  States"  (119).  The  power  of  Congress  over 
federal  territorial  possessions,  of  whatever  kind  or  wherever 
located,  is  practically  supreme:  ''The  Territories  of  the 
United  States  are  entirely  subject  to  the  legislative  author- 
ity of  Congress.  They  are  not  organized  under  the  Con- 
stitution nor  subject  to  its  complex  distribution  of  powers 
of  government  as  the  organic  law,  but  are  the  creation 
exclusively  of  the  legislative  department  and  subject  to 

143 


144  THE  AMERICAN  DEMOCRACY 

its  supervision  and  control.  The  United  States,  having 
rightfully  acquired  the  Territories,  and  having  become  the 
only  government  that  can  impose  laws  upon  them,  have  the 
entire  domain  and  sovereignty,  national  and  municipal, 
federal  and  State.  It  may  legislate  in  accordance  with  the 
special  needs  of  each  locality  and  vary  its  regulations  to 
meet  the  circumstances  of  the  people.  ...  In  a  Territory 
all  of  the  functions  of  government  are  within  the  legisla- 
tive jurisdiction  of  Congress."^ 

When  planning  for  the  government  of  federal  territory 
from  time  to  time,  Congress  has  dealt  with  each  case  ac- 
cording to  its  merits.  Now  it  has  permitted  a  newly  ac- 
quired possession  to  enter  into  an  immediate  enjoyment 
of  Statehood;  now  it  has  provided  liberally  for  local  self- 
government;  now  it  has  held  the  reins  of  government 
tightly  in  its  own  hands.  This  policy  of  giving  to  each 
community  a  government  suitable  to  its  needs  has  led  to 
the  establishment  of  so  many  different  kinds  of  govern- 
ments in  the  Territories  and  Dependencies  that  a  satisfac- 
tory classification  of  them  can  not  be  made.  Nevertheless, 
the  inferior  governments  may  be  conveniently  studied 
under  two  headiilgs,  namely:  (1)  Territories  and  Depen- 
dencies on  the  American  continent,  and  (2)  Insular  Ter- 
ritories and  Dependencies. 

Territories  and  Dependencies  on  the  American  Continent. 

These  are  the  District  of  Columbia,  Alaska,  Indian  Reser- 
vations and  National  Parks,  and  the  Panama  Canal  strip. 
I.  District  of  Columhia.  The  District  of  Columbia  was 
ceded  to  the  United  States  by  Maryland  and  Virginia  in 
1790,  as  the  permanent  seat  of  the  federal  government. 
The  portion  of  the  District  granted  by  Virginia  was  after- 
ward retroceded  to  that  State  by  the  United  States. 
Strictly  speaking,  the  District  of  Columbia  is  neither  a  Ter- 
ritory nor  a  Dependency ;  it  is  simply  a  municipal  corpora- 

1  Endlemen,  et  al.,  v.  United  States.  Quoted  in  Willoughby's  "Territories 
and   Dependencies." 


TERRITOEIBS  AND  DEPENDENCIES        145 

tion,  with  such  powers  as  are  common  to  municipal  corpora- 
tions in  general. 

The  government  of  the  District  of  Columbia  is  vested  by 
the  Constitution  exclusively  in  Congress  (61).  That 
body  has  provided  that  it  be  governed  by  a  board  of  three 
commissioners  appointed  by  the  President.  Two  of  the 
commissioners  must  be  appointed  from  civil  life,  and  one 
must  be  an  officer  of  the  army.  This  board  not  only  exer- 
cises the  executive  power,  but  acts  in  many  respects  as  a 
legislature.  Its  reasonable  regulations  in  respect  to  matters 
affecting  the  life,  health,  and  comfort  of  the  people  have 
the  force  of  laws.  Although  Washington — ^the  District 
of  Columbia  is  but  another  name  for  the  city  of  Washing- 
ton— has  no  distinct  legislature  of  its  own,  it  nevertheless 
enjoys  the  services  of  the  greatest  legislative  body  of  the 
country;  for  Congress  keeps  its  eye  upon  the  affairs  of  the 
District  and  devotes  certain  days  to  the  consideration  of 
District  business.  When  legislating  for  the  District,  Con- 
gress virtually  acts  as  a  city  council,  and  visitors  to  the 
Capitol  may  hear  Senators  and  Representatives  discussing 
such  topics  of  local  government  as  the  repairing  of  the 
streets  or  the  regulation  of  trolley  lines  or  the  adjustment 
of  teachers'  salaries. 

The  judicial  system  of  the  District  consists  of  a  court  of 
appeals,  a  regular  trial  court  called  the  supreme  court,  and 
a  police  court  for  the  trial  of  petty  offenses  and  municipal 
regulations.  Justices  of  peace  are  provided  for  the  trial 
of  certain  kinds  of  civil  cases.  All  of  these  judicial  officers 
are  appointed  by  the  President. 

The  government  provided  for  the  capitol  city  is  wholly 
undemocratic  in  character.  The  citizens  of  Washington  are 
taxed  without  their  consent  or  the  consent  of  representa- 
tives. They  have  no  voice  in  the  making  of  the  laws  by 
which  they  are  governed,  and  they  have  no  representatives 
of  any  kind.  The  District  of  Columbia  does  not  even  have 
a  delegate  in  Congress.  In  recent  years  the  citizens  of 
Washington  have  grown  somewhat  restive  under  the  un- 


146  THE  AMERICAN  DEMOCRACY 

American  plan  by  which  they  are  ruled,  and  have  been 
asking  Congress  for  the  right  of  local  self-government. 

II.  Alaska.  This  vast  peninsula,  purchased  from  Russia 
in  1867,  was  neglected  until  Congress  in  1900  provided 
for  it  a  code  of  laws  and  a  suitable  form  of  government. 
In  1912  Congress  vested  the  legislative  power  of  the  Ter- 
ritory of  Alaska  in  an  elective  legislature  consisting  of  a 
Senate  and  a  House  of  Representatives.  The  governor  of 
the  Territory  is  appointed  by  the  President.  The  governor 
has  the  veto  power,  but  his  veto  may  be  overruled  by  a 
two-thirds  vote  of  all  the  members  of  each  House.  All  laws 
passed  by  the  Territorial  legislature  must  be  transmitted 
by  the  governor  to  the  President  of  the  United  States  and 
by  him  submitted  to  Congress.  If  a  law  of  the  Territorial 
legislature  is  disapproved  by  Congress  it  becomes  null  and 
void.  In  addition  to  the  governor,  Alaska  has  as  its  other 
executive  officers  a  secretary  of  territory,  a  treasurer,  and 
a  superintendent  of  education.  The  Territory  is  divided 
into  four  judicial  divisions,  with  a  judge  for  each  division. 

Alaska  has  a  Territorial  delegate  in  the  House  of  Rep- 
resentatives at  Washington.  The  delegate  is  the  political 
tie  that  binds  the  Territory  to  the  federal  government. 
The  Territorial  delegate  is  elected  every  two  years  by 
popular  vote.  He  has  a  right  to  a  seat  in  the  House  of 
Representatives,  and  receives  the  same  salary  as  other 
members  of  Congress.  He  serves  on  committees  and  may 
speak  on  all  questions  pertaining  to  his  Territory;  but  he 
has  no  vote. 

III.  Indian  Reservations  and  National  Parks.  In  the 
management  of  the  territory  that  has  been  under  its  control 
the  national  government  has  from  time  to  time  marked  off 
and  reserved  certain  lands  for  the  use  of  the  Indians. 
Scattered  over  the  country  there  are  in  all  about  one  hun- 
dred and  sixty  of  these  Indian  reservations.  Some  of  them 
have  a  very  large  area.  The  Navaho  reservation,  in  Ari- 
zona, has  an  area  considerably  larger  than  the  State  of 
Maryland.     An  Indian  reservation  is  a  kind  of  Dependency 


TERRITORIES  AND  DEPENDENCIES        147 

of  the  United  States.  The  tribes  living  on  a  reservation 
are  under  the  control  of  Congress.  The  national  govern- 
ment protects  the  Indians  on  the  reservation  against  in- 
justice at  the  hands  of  the  white  man,  gives  them  food 
supplies,  and  supports  schools  among  them.  Indian  affairs 
are  under  the  management  of  the  Indian  Office,  a  bureau 
in  the  Department  of  the  Interior. 

In  the  management  of  its  public  domain  the  national 
government  has  also  set  off  several  large  tracts  of  land  to 
be  used  as  parks.  These  parks  and  reservations  are  under 
the  supervision  of  the  Secretary  of  the  Interior.  Some  of 
them  have  an  area  of  vast  extent.  The  Yellowstone  Na- 
tional Park,  located  in  Wyoming,  Montana,  and  Idaho,  has 
an  area  of  more  than  2,000,000  acres,  and  is  much  larger 
than  the  State  of  Delaware.  The  Glacier  National  Park, 
in  Montana,  has  an  area  of  nearly  1,000,000  acres,  and  is 
larger  than  the  State  of  Rhode  Island.  Other  large  parks 
of  this  kind  are  the  Piatt  National  Park,  in  Oklahoma ;  the 
Yosemite  National  Park,  in  California;  the  Mount  Ranier 
National  Park,  in  Washington;  the  Crater  National  Park, 
in  Oregon.  Each  of  these  parks  has  a  resident  superin- 
tendent. 

IV.  The  Panama  Canal  Strip.  The  Panama  Canal 
Strip  was  acquired  from  the  Republic  of  Panama  in  1904. 
It  consists  of  a  zone  of  land  of  the  width  of  ten  miles,  ex- 
tending to  the  distance  of  five  miles  on  each  side  of  the 
central  line  of  the  route  of  the  Panama  Canal.  The  region 
has  been  placed  under  the  control  of  a  governor,  who  is 
appointed  by  the  President.  The  canal  itself  is  absolutely 
neutral,  being  free  and  open  to  the  vessels  of  commerce 
and  war  of  all  nations.  The  toll  rates  on  the  canal  are  the 
same  for  the  vessels  of  all  nations;  and  the  vessels  of  no 
nation,  not  even  those  of  the  United  States,  are  exempted 
from  the  payment  of  tolls.  It  is  provided  by  treaties  that 
the  canal  shall  never  be  blockaded  and  that  no  act  of 
hostility  shall  ever  be  committed  in  it.  War-ships  must 
pass  through  the  canal  with  the  least  possible  delay,  and 


148  THE  AMERICAN  DEMOCRACY 

no  belligerent  vessel  while  in  the  canal  may  embark  or 
disembark  troops  or  munitions  of  war. 

Insular  Territories  and  Dependencies.  These  are :  Hawaii, 
annexed  by  a  joint  resolution  of  Congress  in  1898  (July  7)  ; 
Porto  Rico,  occupied  July  25,  1898,  by  military  forces  of 
the  United  States  under  General  Miles;  the  Philippine  Is- 
lands, occupied  August  13,  1898,  by  military  forces  under 
Admiral  Dewey;  Guam,  seized  by  the  United  States  na\^ 
during  the  war  with  Spain  in  1898 ;  certain  islands  of  the 
Samoan  group  acquired  by  treaty  in  1900 ;  and  the  Virgin 
Islands,  purchased  from  Denmark  in  1917. 

I.  Hawaii.  The  Hawaiian  Islands  are  governed,  under 
the  name  of  the  ''Territory  of  Hawaii,"  by  an  act  of  Con- 
gress passed  in  1900.  The  act  provides  for  a  territorial 
form  of  government  consisting  of  a  legislative,  an  executive, 
and  a  judicial  department.  The  legislature  consists  of  a 
senate  and  a  house  of  representatives  whose  members  are 
elected  by  the  voters  of  Hawaii.  The  executive  power  is 
lodged  in  a  governor  and  a  territorial  secretary  appointed 
by  the  President.  An  attorney-general,  a  treasurer,  a 
superintendent  of  public  instruction,  an  auditor,  and 
several  other  administrative  officers  are  appointed  by  the 
governor  and  confirmed  by  the  senate  of  Hawaii.  The 
Territorial  courts  consist  of  a  supreme  court  and  circuit 
courts,  the  judges  of  which  are  appointed  by  the  President. 
Hawaii  is  represented  in  Congress  by  a  delegate  who  is 
elected  biennially  by  the  people.  The  act  annexing  Hawaii 
conferred  upon  the  citizens  of  Hawaii  the  rights  of  citizens 
of  the  United  States. 

II.  Porto  Rico.  The  organic  act  establishing  the  present 
government  of  the  island  of  Porto  Rico  was  passed  by  Con- 
gress in  1917.  The  act  contains  a  bill  of  rights  which  ac- 
cords to  the  citizens  of  Porto  Rico  civil  rights  similar  to 
those  enjoyed  by  citizens  of  the  United  States.  Legislative 
power  in  the  island  is  vested  in  a  legislature  consisting  of 


TERRITOKIES  AND  DEPENDENCIES        149 

a  senate  and  a  house  of  representatives.  Both  senators 
and  representatives  are  elected  by  the  voters.  A  law 
passed  by  the  legislature  may  be  vetoed  by  the  governor, 
but  the  veto  may  be  overruled,  and  if  it  is  overruled  the 
law  is  sent  to  the  President  for  approval  or  disapproval. 
The  executive  power  in  the  island  is  vested  in  a  governor 
appointed  by  the  President.  The  President  also  appoints 
an  attorney-general  and  a  commissioner  of  education.  A 
treasurer,  a  commissioner  of  the  interior,  a  commissioner  of 
agriculture  and  labor,  and  a  commissioner  of  health  are  ap- 
pointed by  the  governor. 

The  judicial  system  of  the  island  consists  of  a  supreme 
court  composed  of  judges  appointed  for  life  or  good  be- 
havior by  the  President ;  of  district  courts  presided  over  by 
judges  appointed  by  the  governor ;  and  of  municipal  courts 
whose  judges  are  elected  by  the  people. 

The  organic  act  of  Porto  Rico  provides  that  the  voters 
of  the  island  every  two  years  shall  elect  a  commissioner, 
who  shall  be  entitled  to  official  recognition  as  such  by  all 
the  departments  at  Washington.  This  commissioner,  in 
the  intention  of  the  law,  is  plainly  not  a  delegate ;  yet,  by 
the  grace  of  the  House  of  Representatives,  he  has  been 
accorded  the  right  to  speak  in  that  body  and  to  serve  on 
its  committees.  For  all  practical  purposes,  therefore,  he 
is  in  reality  a  Territorial  delegate,  although  Porto  Rico 
can  hardly  be  said  to  be  a  Territory,  for  it  is  hardly  an  in- 
tegral part  of  the  United  States.  Under  the  act  of  1917, 
inhabitants  of  Porto  Rico  not  citizens  of  a  foreign  country 
were  declared  to  be  citizens  of  the  United  States. 

III.  Philippine  Islands.  In  February,  1899,  after  the 
Philippine  Islands  had  been  ceded  to  the  United  States  by 
the  Treaty  of  Paris,  the  following  resolution  was  passed 
by  Congress: 

Resolved,  etc.,  That  by  the  ratification  of  the  treaty  of  peace  with 
Spain,  it  is  not  intended  to  incorporate  the  inhabitants  of  the  Philip- 
pine Islands  into  citizenship  of  the  United  States,  nor  is  it  intended 


150  THE  AMERICAN  DEMOCRACY 

to  permanently  annex  said  islands  as  an  integral  part  of  the  terri- 
tory of  the  United  States;  but  it  is  the  intention  of  the  United 
States  to  establish  in  said  islands  a  government  suitable  to  the 
wants  and  conditions  of  the  inhabHants  of  said  islands,  to  prepare 
them  for  self-government,  and  in  due  time  to  make  such  disposition 
of  said  islands  as  v^ill  best  promote  the  interests  of  the  citizens  of 
the  United  States  and  the  inhabitants  of  said  islands. 

In  accordance  with  the  spirit  of  the  above  resolution, 
Congress  has  given  to  the  Filipinos  the  form  of  government 
that  has  seemed  best  suited  to  their  needs,  changing  the 
form  from  time  to  time  as  conditions  on  the  islands  have 
changed.  At  present  (1920)  the  legislative  power  in  the 
Philippines  is  vested  in  the  Philippine  legislature,  which 
consists  of  two  houses,  a  senate  and  a  house  of  representa- 
tives. Both  senators  and  representatives  are  elected  by 
the  qualified  voters.  The  members  of  both  Houses  of  the 
legislature  must  be  residents  of  the  islands.  Any  law  en- 
acted by  the  legislature  must  be  affirmed  by  the  governor- 
general,  who  may  veto  a  law,  but  whose  veto  may  be  over- 
ruled by  the  legislature.  A  law  passed  over  the  head  of  the 
governor-general  is  sent  to  the  President  for  approval  or 
disapproval.  If  the  President  approves,  it  becomes  a  law ; 
if  not,  it  does  not  become  a  law.  The  executive  power  in 
the  islands  is  vested  in  the  governor-general  of  the  Philip- 
pine Islands,  an  officer  appointed  by  the  President.  The 
President  also  appoints  a  vice-governor,  who  is  the  head  of 
the  department  of  education,  and  an  auditor,  who  keeps  the 
government's  accounts. 

The  Philippine  Islands  have  no  delegate  in  Congress,  yet 
they  are  permitted  to  send  to  Washington  two  commis- 
sioners, who  appear  before  the  committees  of  Congress  and 
represent  the  interests  of  the  islands. 

The  judicial  system  of  the  islands  includes  a  supreme 
court,  consisting  of  a  chief  justice  and  six  associate  justices, 
courts  of  general  trial  for  the  provinces,  and  justices' 
courts  for  the  municipalities.  The  judges  of  the  supreme 
court  are  appointed  by  the  President  of  the  United  States, 
but  the  judges  of  the  provincial  courts  and  the  justices  of 


TERRITOKIES  AND  DEPENDENCIES        151 

the  peace  are  appointed  by  the  governor  of  the  island. 
Cases  may  be  carried  by  appeal  from  the  supreme  court  of 
the  island  to  the  Supreme  Court  of  the  United  States. 

The  archipelago  is  divided  for  governmental  purposes 
into  provinces,  and  the  provinces  into  municipalities.  Each 
province  has  a  governor,  a  secretary,  a  treasurer,  and  a 
supervisor  of  public  buildings,  roads,  bridges,  and  ferries. 
The  provincial  officers,  with  the  exception  of  the  governor, 
are  appointed  by  the  commission.  The  municipality  has  a 
mayor  and  a  body  of  municipal  councilors  elected  by  the 
qualified  voters  of  the  municipality.  These  municipal 
councilors  elect  the  governor  of  the  province.  In  respect  to 
local  affairs  government  in  the  Philippines  is  of  the  cen- 
tralized type;  for  the  commission  has  large  control  over 
the  province,  and  the  province  has  large  control  over  the 
municipality. 

IV.  Guam  and  Samoa  {Tutuila).  Governmental  power 
in  the  islands  of  Guam  and  Samoa  is  vested  in  the  naval 
officers  who  happen  to  be  in  command  of  the  naval  station. 
As  a  matter  of  fact,  the  inhabitants  of  the  islands  in  a  large 
degree  govern  themselves.  At  times,  however,  it  is  neces- 
sary for  the  naval  officer  to  interpose  his  authority,  and 
upon  such  occasions  his  orders  have  the  force  of  laws. 

V.  Virgin  Islands.  The  Virgin  Islands  were  acquired  as 
a  base  for  naval  operations,  and  are  under  the  direct  con- 
trol of  the  Navy  Department. 

Attitude  of  the  United  States  toward  Its  Dependencies. 

The  extension  of  our  political  influence  into  Porto  Rico 
and  the  Philippines  was  perhaps  an  unavoidable  incident 
in  our  growth  as  a  nation.  Certainly,  for  good  or  for  evil, 
we  have  made  these  islands  our  wards,  and  our  duty  in 
respect  to  them  ought  to  be  clear:  we  ought  to  administer 
their  affairs,  not  with  a  view  to  our  own  advancement,  but 
with  a  view  to  their  advancement  and  profit.  Such  a  policy 
is  in  accordance  with  the  American  spirit.  The  United 
States  has  always  been  the  possessor  of  large  regions  of 


152  THE  AMERICAN  DEMOCRACY 

dependent  territory,  but  it  has  never  oppressed  its  depend- 
encies, and  has  never  regarded  them  as  fields  to  be  ex- 
ploited for  the  sole  benefit  of  citizens  at  home.  It  has  al- 
ways promoted  the  welfare  of  its  wards,  and  accorded  to 
them  as  large  a  measure  of  self-government  as  was  prac- 
ticable. This  has  been  our  policy  in  the  past,  is  our  avowed 
policy  now,  and  will  continue  to  be  our  policy  as  long  as 
we  are  true  to  our  best  political  instincts. 

QUESTION^S   ON   THE  TEXT 

1.  To  what  extent  has  Congrees  power  over  Territories  and  De- 
pendencies?    How  has  it  used  this  power? 

2.  Name  the  Territories  and  Dependencies  on  the  American  con- 
tinent. 

3.  Give  an  account  of  the  government  of  the  District  of  Colum- 
bia; of  Alaska;  of  the  Panama  Canal  Strip;  of  the  Indian  Reser- 
vations and  the  National  Parks. 

4.  Name  the  insular  Territories  and  Dependencies. 

5.  Describe  the  government  of  Hawaii;  of  Porto  Rico;  of  the 
Philippine  Islands;  of  Guam  and  Samoa. 

6.  Describe  the  attitude  maintained  by  the  United  States  toward 
its  dependencies. 

Suggestive  Questions  and  Exebcises 

1.  Name  the  Territories  properly  so  called;  name  the  Dependen- 
cies. 

2.  Prepare  a  table  showing  the  population  and  area  of  each  of 
the  Territories  and  Dependencies  and  give  the  totals. 

3.  Name  the  Territories  in  the  order  in  which  they  are  likely  to 
be  admitted  as  States. 

4.  What  does  the  Constitution  say  about  Indians? 

5.  Why  was  the  capital  of  the  United  States  placed  under  the 
exclusive  control  of  Congress? 

6.  Prepare  a  paper  about  the  city  of  Washington,  giving  the 
municipal  history  of  the  city,  and  describing  its  public  buildings,  its 
monuments,  and  its  environs. 

7.  What  measures  are  usually  taken  by  Congress  for  the  admis- 
sion of  a  Territory  into  the  Union? 

Topics  fob  Special  Wobk 

1.  The  Power  to  Acquire  Territory  and  to  Govern  Acquired  Terri- 

tory: Johnson,  236-245. 

2.  The  Government  of  Federal  Territories:  Johnson,  142-150. 

3.  The  Power  of  Congress  over  Territories:  Beard,  417-420. 

4.  The  Government  of  Territories:  Munro,  372-388. 


XX 

THE  STATE  LEGISLATURE 

Having  described  the  organization  of  the  federal  government,  we 
may  now  pass  to  the  organization  of  the  State.  The  subject  of  State 
organization  involves  a  study  of  (1)  the  State  legislature;  (2)  the 
State  executive;  and  (3)  the  State  judiciary.  In  this  chapter  we 
shall  study  the  State  legislature. 

General  Features  of  State  Legislatures.  In  outward 
form,  at  least,  the  legislature  of  one  State,  although  it  may 
be  widely  separated  by  distance,  and  although  it  is  created 
independently,  is  very  much  like  that  of  another  State. 
All  legislatures  meet  at  the  State  capitol.  The  upper  house 
is  always  called  the  senate,  and  its  membership  is  always 
smaller  than  that  of  the  lower  house,  which  is  usually  called 
the  house  of  representatives.  The  term  of  members  of  the 
house  of  representatives  is  usually  two  years,  while  the 
term  of  senators  is  usually  four  years.  In  all  of  the  States 
members  reside  in  the  district  that  they  represent ;  in  nearly 
all  of  the  States  the  legislature  meets  every  two  years,  the 
sessions  beginning  usually  in  January ;  in  all  of  the  States 
the  compensation  of  members  is  the  same  for  both  houses; 
in  forty-seven  States  a  law  passed  by  the  legislature  can 
be  vetoed  by  the  governor,  and  the  veto  can  be  overcome 
by  a  majority  vote,  or  by  a  three-fifths  or  two-thirds  vote 
of  both  houses;  in  every  State  each  house  is  the  judge  of 
the  qualifications  and  election  of  its  own  members;  in 
nearly  every  State  members,  whether  of  the  senate  or  of 
the  house,  are  apportioned  according  to  population. 

Passage  of  Bills.  Upon  assembling,  each  House  of  a 
newly  elected  legislature  elects  its  presiding  officer.    In 

153 


154  THE  AMEBICAN  DEMOCRACY 

the  lower  house  this  officer  is  called  the  speaker;  in  the 
senate  he  is  called  chairman  or  president.  In  many  of  the 
States  there  is  a  lieutenant-governor,  who  presides  in  the 
Senate  but  does  not  vote  except  when  there  is  a  tie.  As  soon 
as  a  clerk,  a  sergeant-at-arms,  doorkeepers,  messengers,  and 
other  minor  officers  have  been  elected,  the  presiding  officer 
of  each  House  announces  the  committees,  which  are  as 
numerous  as  the  interests  and  subjects  that  engage  the 
attention  of  the  legislature,  the  most  important  being  those 
on  finance,  corporations,  municipalities,  the  judiciary, 
appropriations,  elections,  education,  labor,  manufactures, 
agriculture,  railroads.  The  committees  are  agencies  of  the 
utmost  importance,  for  they  are  the  channels  through 
which  all  legislation  must  pass. 

Any  proposed  law,  called  a -bill,  immediately  after  it  is 
introduced  and  read,  is  referred  to  its  proper  committee. 
The  committee  considers  the  bill  in  a  private  room,  where 
citizens  may  appear  to  defend  or  oppose  it,  and  if  it  thinks 
the  bill  ought  not  to  become  a  law  it  reports  it  unfavorably, 
and  thus  usually  kills  it.  It  is  possible  to  pass  a  bill  after 
it  has  been  thus  unfavorably  reported,  but  this  is  rarely 
done.  The  judgment  of  the  committee  is  practically  final. 
If  the  bill  is  reported  favorably,  its  title  is  read  and  it  is 
allowed  to  pass  upon  its  second  reading.  In  its  regular 
order  it  comes  up  for  its  third  and  last  reading.  Now  it 
is  read  in  full,  amended  perhaps,  and  voted  upon.  If  it 
fails  to  get  a  majority  of  the  votes,  that  is  probably  the 
last  of  it.  If  it  receives  a  majority  of  the  votes,  it  is  sent 
to  the  other  branch  to  be  acted  upon. 

Here  it  is  referred  by  the  presiding  officer  to  its  proper 
committee,  is  read  three  times  upon  three  different  days, 
is  fully  discussed  upon  its  last  reading,  and  is  then  voted 
upon.  If  it  passes  without  amendments  made  in  this 
second  branch,  it  goes  to  the  governor  to  be  signed  by  him. 
If  it  passes  with  amendment,  it  must  be  returned  to  the 
House  in  which  it  originated  to  be  voted  upon  in  its  amended 
form.    If  it  passes  in  the  House  in  that  form,  it  becomes, 


THE  STATE  LEGISLATURE  155 

as  far  as  the  legislature  is  concerned,  a  law.  If  there  is 
trouble  over  the  amendment,  a  joint  committee,  or  con- 
ference committee,  consisting  of  a  small  group  of  members 
from  each  House,  is  appointed  to  see  what  can  be  done  to 
settle  the  matter.  The  action  of  this  committee,  if  it  reaches 
an  agreement,  is  usually  accepted  by  both  Houses.  A  bill 
may  originate  in  either  House,  but,  as  a  rule,  bills  for  rais- 
ing revenue  must  originate  in  the  Lower  House,  because  this 
branch  is  supposed  to  be  closer  to  the  taxpayers. 

After  a  bill  has  passed  both  Houses  it  is  sent  to  the 
governor  for  his  approval.  In  order  to  guard  against 
hasty  and  unwise  legislation,  and  especially  against  en- 
croachments of  the  legislature  upon  the  other  two  depart- 
ments, the  governor,  like  the  President  of  the  United  States, 
can  (in  all  but  one  State)  forbid  the  passage  of  a  bill  by 
his  veto.  When  he  does  this  he  sends  the  bill  back,  with  his 
objections  stated  in  writing,  to  that  branch  of  the  legisla- 
ture that  sent  it  to  him.  The  returned  bill  may  be  voted 
upon  again,  and  if  it  can  secure  the  number  of  votes  re- 
quired by  the  constitution  in  such  cases,  it  becomes  a  law 
in  spite  of  the  governor's  veto. 

Importance  of  State  Legislation.  We  have  seen  how 
wide  is  the  range  of  power  reserved  to  the  State  govern- 
ment (p.  55).  The  State  legislature  determines  how  these 
powers  are  to  be  exercised.  The  only  limitations  of  its 
power  are  those  imposed  by  the  constitution  of  the  State, 
and  by  the  Constitution,  laws,  and  treaties  of  the  United 
States  (127).  Within  these  limits  it  is  at  liberty  to  enact 
laws  upon  any  subject  that  may  come  within  the  scope  of 
governmental  authority.  The  powers  of  Congress  are 
enumerated ;  the  powers  of  a  State  legislature  are  innumer- 
able. When  we  say  that  a  State  legislature  grants  char- 
ters to  cities,  boroughs,  towns,  villages,  railroads,  banks, 
colleges,  seminaries,  and  other  institutions  public  and 
private;  that  it  defines  the  boundaries  of  counties  and 
towns ;  that  it  regulates  taxes,  licenses,  fees ;  that  it  enacts 


156  THE  AMERICAN  DEMOCRACY 

punishment  for  treason,  murder,  arson,  theft,  kidnapping, 
bribery,  forgery,  fraud,  perjury,  and  other  crimes;  that  it 
makes  laws  concerning  the  sale  of  land,  the  giving  of 
mortgages,  the  granting  of  deeds,  the  making  of  wills,  the 
settlement  of  the  estates  of  bankrupts,  the  management 
of  the  estates  of  the  dead;  concerning  education,  charity, 
health,  marriage,  divorce;  concerning  voting  and  elec- 
tions; concerning  railroads,  steamboats,  canals,  telegraph 
and  telephone  companies;  concerning  farming,  fishing, 
mining,  manufacturing,  trading — when  we  say  this  much 
of  the  legislature,  we  may  make  it  plain  that  its  authority 
is  very  great,  but  we  by  no  means  exhaust  the  list  of 
things  it  does. 

The  State  Legislature  and  the  State  Constitution.  There 
has  been  a  tendency  in  recent  years  to  strip  the  legislature 
of  some  of  its  power  by  inserting  into  the  constitution,  either 
by  way  of  amendment  or  in  constitutional  convention,  spe- 
cific restrictive  provisions  concerning  matters  with  which 
legislatures  should  be  free  to  deal  in  the  manner  best  suited 
to  the  necessities  of  the  moment.  The  constitution  of  one 
State  prescribes  to  the  legislature  how  it  shall  purchase  its 
stationery,  as  if  this  body  could  not  be  trusted  to  do  this 
wisely.  It  is  quite  certain  that  a  constitution  is  not  the 
place  for  such  special  provisions.  A  constitution  should 
mark  out  a  path  for  legislation,  but  should  not  contain  the 
laws  themselves.  A  legislature  should  be  restrained  by  the 
constitution  in  all  fundamental  matters,  in  all  matters 
that  involve  the  framework  of  government  and  the  prin- 
ciples of  civil  liberty;  but  in  all  other  matters  it  should 
be  given  a  wide  discretion.  Frequently  a  legislature  is  so 
hampered  by  the  constitution  that  it  cannot  pass  needful 
laws.  When  this  is  the  case  there  have  been  placed  in  the 
constitution  items  of  a  non- constitutional  nature. 

These  details  are  placed  in  the  constitution  beyond  the 
rec^en  of  the  legislature  because  of  the  distrust  that  has 
overtaken  that  body.    For  many  years,  in  private  con- 


THE  STATE  LEGISLATURE  157 

versation,  in  newspapers  and  in  books,  on  the  platform  and 
in  the  pulpit,  law-makers  have  been  denounced  as  grasp- 
ing, stupid,  and  corrupt.  It  has  become  almost  a  fixed 
habit  for  the  American  people  to  abuse  their  legislatures. 
The  habit  is  unreasonable  and  unjust:  unreasonable  be- 
cause the  legislatures,  taking  them  one  after  another 
through  a  considerable  period  of  time,  fairly  represent  the 
people  who  elect  them ;  unjust  because,  as  a  matter  of  fact, 
no  legislature  is  largely  stupid  or  corrupt.  In  all  legisla- 
tures the  average  ability  of  membership  is  high,  and  in 
the  worst  legislature  an  overwhelming  majority  of  the 
members  are  honest  men. 

But  it  ought  not  to  be  understood  that  all  the  criticism 
that  is  directed  against  our  legislatures  is  unmerited,. 
For  there  is  a  dark  side  to  their  proceedings.  Too  often 
they  are  subjected  to  the  malign  influence  of  corrupt  lobby- 
ists, men  who  frequent  the  legislative  halls  for  the  pur- 
pose of  persuading  the  law-makers,  by  giving  them  bribes 
or  by  offering  other  improper  inducements,  to  vote  for 
bills  designed  to  promote  purely  selfish  interests.  Then, 
too,  it  is  regrettable  that  the  legislator  often  indulges  in 
the  bad  practice  called  ''log-rolling."  In  pioneer  days, 
when  a  settler  had  a  great  number  of  logs  to  be  rolled  to- 
gether and  burned  in  a  heap,  he  would  say  to  his  neigh- 
bors, ''You  help  me  to  roll  my  logs,  and  I  will  help  you  to 
roll  yours."  So,  in  the  legislature,  one  member  often  says 
to  another,  "You  help  me  to  pass  my  bill,  and  I  will  help 
you  to  pass  yours";  and  a  scheme  of  mutual  assistance  is 
agreed  upon.  Too  frequently  this  log-rolling  process  re- 
sults in  vicious  legislation  and  in  a  sacrifice  of  the  public 
welfare. 

Direct   Legislation;   Initiative   and  Referendum.    As  2^ 

remedy  far  the  real  and  supposed  shortcomings  of  the 
legislatures,  there  has  been  brought  into  use  in  many  States 
a  political  device  by  which  the  people  may  themselves  en- 
gage, personally  and  directly,  in  the  business  of  law-mak- 


158  THE  AMERICAN  DEMOCRACY 

ing.  This  device  is  known  as  the  initiative  and  referendum. 
The  nature  of  the  power  that  the  people  may  exert  through 
the  initiative  and  referendum  may  best  be  learned  from  a 
clause  in  the  constitution  of  one  of  the  States,  in  which  a 
system  of  direct  legislation  is  in  full  force : 

The  legislative  authority  of  this  State  shall  be  vested  in  a  legis- 
lature consisting  of  a  Senate  and  a  House  of  Representatives;  but 
the  people  reserve  to  themselves  the  power  to  propose  laws  and 
amendments  to  the  constitution,  and  to  adopt  or  reject  the  same  at 
the  polls,  independent  of  the  legislature,  and  also  reserve  power  at 
their  own  option  to  approve  or  reject  at  the  polls  any  act  of  the 
legislature.  .  .  .  The  first  power  reserved  to  the  people  is  the  Initia- 
tive, and  8  per  cent,  of  the  legal  voters  shall  have  the  right  to  pro- 
pose any  measure,  and  15  per  cent,  of  the  legal  voters  shall  have  the 
right  to  propose  amendments  to  the  constitution,  by  petition,  and 
every  such  petition  shall  include  the  full  text  of  the  measure  pro- 
posed. The  second  power  is  the  Eeferendum,  and  it  may  be  ordered 
(except  as  to  laws  necessary  for  the  immediate  preservation  of  the 
public  peace,  health,  or  safety)  either  by  petition  signed  by  5  per 
cent,  of  the  legal  voters  or  by  the  legislature  as  other  bills  are 
enacted.  .  .  .  The  veto  power  of  the  governor  shall  not  extend  to 
measures  voted  upon  by  the  people.  .  .  .  Any  measure  referred  to  the 
people  by  the  initiative  [or  the  referendum]  shall  take  effect  and 
be  in  force  when  it  shall  have  been  approved  by  a  majority  of  votes 
cast  in  such  election.  .  .  .  The  referendum  may  be  demanded  by 
the  people  against  one  or  more  items,  sections,  or  parts  of  any  act 
of  the  legislature,  in  the  same  manner  in  which  such  power  may  be 
exercised  against  a  complete  act. 

The  constitutional  clause  just  quoted  shows  that  the 
device  of  the  initiative  and  referendum  gives  life  and 
power  to  the  old  right  of  petition  (p.  80).  If  a  con- 
siderable number  of  voters  (usually  from  5  to  8- per  cent.) 
in  any  State  desire  a  certain  law,  the  initiative  enables  them 
by  petition  to  bring  the  measure  before  the  electorate  to  be 
voted  upon.  If  a  considerable  number  of  voters  are  op- 
posed to  a  law  passed  by  the  legislature,  the  referendum 
enables  them  to  have  the  law  referred  to  the  decision  of 
the  electorate.  Thus  the  initiative  is  a  positive  or  con- 
structive force:  it  enables  the  voters  to  secure  what  they 
want.  The  referendum  is  a  negative  or  preventive  force: 
it  enables  voters  to  veto  laws  that  they  do  not  want. 

The  initiative  and  referendum,  in  one  form  or  another, 


THE  STATE  LEGISLATURE  159 

has  been  adopted  in  Soutli  Dakota,  Oregon,  Montana, 
Oklahoma,  Maine,  Missouri,  Arkansas,  Colorado,  Arizona, 
New  Mexico,^  California,  Nevada,  Michigan,  Ohio,  Ne- 
braska, Utah,  Washington,  Idaho,  North  Dakota,  Kansas, 
Louisiana,  Massachusetts,  and  Maryland.^ 

In  several  of  the  States  direct  legislation  has  been  put 
to  an  exhaustive  test  and  has  proved  to  be  a  success.  In 
all  of  them  it  is  a  * '  gun  behind  the  door  to  be  used  in  case 
of  emergency/'  But  it  is  never  an  automatic  gun.  The 
initiative  and  referendum  is  a  democratic  device  that  will 
not  work  at  all  until  the  people  bestir  themselves  and  take 
it  into  their  hands  and  work  it.  The  advantages  of  direct 
legislation  are  many,  but  they  can  be  enjoyed  only  in  those 
States  where  the  people  by  instinct  and  tradition  are  in- 
tensely democratic,  where  the  popular  interest  in  public 
affairs  is  keen,  universal,  and  sustained,  and  where  the 
average  of  popular  intelligence  is  very  high. 

Questions  on  the  Text 

1.  In  what  respects  do  the  legislatures  of  the  different  States 
resemble  each  other? 

2.  Give  a  general  account  of  the  organization  of  a  State  legis- 
lature. 

3.  How  does  a  bill  become  a  law? 

4.  Upon  what  subjects  may  the  legislature  pass  laws? 

5.  In  what  way  is  the  action  of  legislation  sometimes  hampered? 
Why  is  this  unfortunate? 

e.  What  can  you  say  of  the  popular  distrust  that  has  overtaken 
our  legislatures?     Name  two  evils  connected  with  law-making. 

7.  What  is  the  initiative  and  referendum?  To  what  ejrtent  is 
direct  legislation  brought  into  use? 

Suggestive  Questions  and  Exercises 

(Answers  to  many  questions  in  this  chapter  and  also  in  several  of 
the  following  chapters  may  be  found  in  the  State  constitution.) 

1.  What  is  the  name  of  the  lower  house  of  the  legislature  of  this 
State?  What  is  the  name  of  the  legislature  taken  as  a  whole? 
Where  and  how  often  does  the  legislature  meet? 

2.  What  are  the  qualifications  of  senators  in  this  State  as  to 
age,  citizenship,  and  residence?  What  are  the  qualifications  of 
members  of  the  Lower  House?     Under  what  circumstances  is  a  per- 

1  New   Mexico   and   Marylaod   Jiavp  t^e   referendum  but  not  the   initiative. 


160  THE  AMERICAN  DEMOCRACY 

son  disqualified  for  membership  in  the  legislature?     What  pay  do 
the  members  of  the  legislature  receive  for  their  services? 

3.  What  is  the  nature  of  the  oath  taken  by  a  member  of  the  legis- 
lature in  this  State? 

4.  What  provision  does  the  constitution  make  in  respect  to  the 
number  of  senators?  In  what  manner  are  the  senators  apportioned 
to  the  cities  and  counties?  What  provision  is  made  in  respect  to 
the  number  of  representatives?  How  are  they  apportioned  to  the 
cities  and  counties?  Is  there  any  question  as  to  the  fairness  of  this 
method  of  apportionment  in  this  State?  If  the  method  is  unjust, 
how  may  a  remedy  be  found? 

5.  Describe  the  manner  in  which  each  of  the  Houses  is  called  to 
order  and  organized  on  the  first  day  of  a  session.  What  constitutes 
a  quorum  in  each  House?  How  may  a  person  who  is  disorderly  or 
disrespectful  in  the  presence  of  the  senate  or  the  Lower  House  be 
punished?     Does  the  legislature  sit  in  secret  or  in  open  session? 

6.  In  whose  name  are  the  laws  of  the  State  enacted?  Describe 
the  passage  of  a  bill  from  the  time  it  is  introduced  until  it  becomes 
a  law.  To  what  extent  is  the  initiative  and  referendum  recognized 
in  the  constitution  of  the  State? 

7.  (In  many  States  the  constitution  forbids  the  legislature  to 
pass  special  laws  in  reference  to  certain  enumerated  subjects;  that 
is,  when  it  passes  a  law  in  reference  to  any  one  of  such  subjects  the 
law  must  operate  not  upon  certain  specified  individuals  or  localities, 
but  must  be  uniform  in  its  operation  throughout  the  State.)  Name 
the  subjects  upon  which  the  legislature  of  this  State  is  not  per- 
mitted to  pass  special  laws. 

8.  Describe  the  process  of  impeachment  in  this  State.  How  may 
a  member  of  the  legislature  be  punished  for  unfaithful  service? 

9.  What  general  prohibitions  are  placed  upon  the  powers  of  the 
legislature  of  this  State  by  the  constitution?  Does  it  seem  that 
some  of  these  prohibitions  are  unreasonable? 

10.  Bound  the  senatorial  district  in  which  you  live  and  name 
your  State  senator. 

11.  Is  the  capital  of  this  State  conveniently  located?  How  can 
its  location  be  changed? 

12.  Discuss  fully  each  of  the  following  sentences:  {a)  For  good 
or  for  evil,  the  legislature  afiects  us  in  almost  every  relation  of  daily 
life.  (6)  When  the  people  generally  condemn  their  legislators  they 
virtually  condemn  themselves,  (c)  We  can  not  elect  able  and  skil- 
ful legislators;  we  can  elect  able  and  prudent  men  and  reelect  them 
until  they  become  able  and  skilful  legislators,  (d)  The  position  of 
the  law-maker  is  a  difficult  one,  for  he  must  try  to  promote  the  inter- 
est of  his  locality  and  also  the  general  welfare,  and  these  often 
clash,  (e)  When  we  hear  that  legislators  have  received  bribes,  a 
part  of  our  indignation  should  be  hurled  against  those  who  have 
given  bribes. 

13.  If  direct  legislation  is  in  operation  in  this  State,  answer  the 
following  questions:  In  what  year  was  the  initiative  and  refer- 
endum adopted?  What  per  cent,  of  the  voters  is  required  for  setting 
in  motion  the  initiative  where  a  law  is  asked  for?    Can  the  consti- 


THE  STATE  LEGISLATURE  161 

tution  be  amended  through  the  initiative?  If  so,  what  per  cent,  of 
voters  is  required?  What  per  cent,  of  the  voters  is  required  for  set- 
ting in  motion  a  referendum?  Is  the  initiative  and  referendum  a 
success  in  this  State?  Name  the  good  features  of  direct  legislation. 
Is  direct  legislation  consistent  w^ith  representative  democracy? 

14.  What  is  a  legislative  reference  bureau?  Has  the  legislature 
of  this  State  such  a  bureau? 

15.  In  many  States  there  is  published  by  State  authority  a  State 
Manual  or  Year-Book.  A  copy  of  this  Manual  ought  to  be  available 
for  class  use.  It  can  probably  be  secured  by  writing  to  the  Secre- 
tary of  State  at  the  State  capital. 

Topics  for  Special  Work 

1.  Legislation  by  the  Electorate:  Holcombe,  401-441. 

2.  Tlie  State  Legislatures:   Holcombe,  240-278. 

3.  Direct  Legislation:    Jones,  338-351, 

4.  The  Lobby:  Reinsch,  79-84. 

5.  Methods  of  Legislation:  Reinsch,  74-79. 

6.  The  Functions  of  Legislatures:   Gettell,  357. 


XXI 

THE  STATE  EXECUTIVE 

In  every  State  there  is  a  State  executive  department,  organized  to 
carry  out  the  provisions  of  the  constitution  and  the  laws  of  the 
legislature.  What,  in  general,  are  the  characteristic  features  of  the 
executive  department  of  a  State  government,  and  what  are  the  out- 
lines of  its  organization? 

Decentralization  of  Executive  Power  in  the  State.    The 

administration  of  affairs  that  come  within  the  power  of  the 
State  government  differs  widely  from  the  administration  of 
national  affairs.  In  the  executive  department  of  the 
federal  government  power  is  consolidated,  centralized;  al- 
most everything  is  in  the  hands  of  the  President.  He  ap- 
points the  heads  of  the  departments  and,  directly  or  in- 
directly, all  subordinate  officers.  His  responsibility,  is  of 
course,  as  great  as  his  power.  If  the  administration  of  the 
affairs  of  the  United  States  is  successful  the  President  re- 
ceives the  credit;  if  it  is  ill-fated  he  receives  the  censure. 
It  is  not  thus  in  the  State.  Here  power  in  the  executive 
branch  is  scattered,  decentralized.  The  execution  of  the 
laws  of  a  State  is  not  given  to  one  person  or  to  one  body 
of  persons,  but  is  intrusted  to  various  officials  and  various 
bodies.  The  greater  part  of  governmental  business  in  a 
State  is  not  administered  by  State  officers  at  all,  but  by 
local  governments — cities  and  counties  and  townships  and 
villages.  State  laws  that  pertain  to  special  branches  of 
administration  are  distributed  to  many  different  State  of- 
ficers and  boards  to  be  executed;  and  very  often  these  of- 
ficers and  boards  are  elected  by  the  people  and  are  not 
responsible  for  their  conduct  to  an  authority  that  is  higher 
than  themselves.     Thus  there  are  engaged  in  the  execu- 

162 


THE  STATE  EXECUTIVE  163 

tion  of  the  laws  of  the  State  many  different  officers,  each 
independent  of  the  others  and  each  standing  on  his  own 
statute.  The  highest  officer  himself  (the  governor)  has 
been  called  the  captain  of  a  ship  of  state  that  is  managed 
by  a  crew  he  does  not  select  and  over  which  he  has  few 
powers  of  command. 

Chief  State  Executive  Officers.  The  officers  whose  duties 
consist  in  carrying  out  the  laws  pertaining  to  State  ad- 
ministration constitute  the  executive  department  of  the 
State.  Since  this  department  is  organized  according  to 
the  particular  needs  of  each  State,  we  are  prepared  to  find 
it  differing  in  its  details  in  the  several  States.  The  out- 
lines of  the  executive  department,  nevertheless,  are  nearly 
the  same  in  all  of  the  States.  Every  State  has  a  governor 
(thirty-three  States  have  a  lieutenant-governor),  a  sec- 
retary of  state,  and  a  treasurer;  almost  every  State  has  a 
comptroller,  or  auditor,  an  attorney-general,  and  a  super- 
intendent of  education.  The  length  of  the  terms  of  service 
of  these  officers,  the  manner  of  their  election  or  appoint- 
ment, and  their  qualifications  and  salaries  are  regulated  by 
the  constitution  or  by  statute.  Their  duties,  which  do  not 
vary  widely  from  State  to  State,  are  as  follows : 

I.  The  Governor.  (1)  The  first  duty  of  the  governor 
is  to  take  care  that  the  laws  are  faithfully  executed.  This 
may  mean  much  or  little.  In  reference  to  private  law,  the 
law  that  regulates  the  relations  between  man  and  man,  and 
in  reference  to  the  peace  and  good  order  of  the  State,  it 
means  much ;  for  the  governor  is  commander-in-chief  of 
the  military  forces  of  the  State,  and  he  can  call  upon  the 
soldiers  to  assist  him  in  enforcing  the  judgment  of  a  court 
or  in  suppressing  riots  and  disorderly  proceedings  (p.  252). 
In  reference  to  the  laws  regulating  the  business  of  the 
special  departments  it  frequently  means  but  little;  for,  as 
we  have  seen,  the  officers  of  these  departments  are  often 
elected  independently  of  the  governor  and  are  themselves 
the  authorized  executors  of  the  laws  relating  to  their  respec- 


164  THE  AMERICAN  DEMOCRACY 

tive  departments,  and  whether  they  administer  the  law  well 
or  ill  the  governor  has  no  control  over  them. 

(2)  Another  duty  of  the  governor  is  to  transmit  to  the 
legislature  a  message,  informing  it  of  the  condition  of  af- 
fairs within  the  State  and  suggesting  such  legislation  as 
he  may  deem  wise.  The  legislature,  however,  is  not  bound 
to  follow  the  suggestions  made  in  the  message  or  even  to 
consider  them.  If  the  legislature  is  not  in  session  and  the 
governor  thinks  certain  legislation  urgent,  he  may  summon 
it  to  meet  in  extra  session  and  lay  before  it  the  measures 
that  demand  immediate  consideration. 

(3)  In  many  States  the  governor  has  the  pardoning 
power,  which  it  is  his  duty  to  exercise  when  he  thinks  a 
person  has  been  unjustly  convicted  of  crime.  His  pardon 
may  be  absolute  or  he  may  commute  the  punishment.  For 
good  reason  he  may  grant  reprieves.  In  a  few  States  the 
power  of  pardon,  commutation,  and  reprieve  is  not  left  to 
the  governor,  but  is  vested  in  a  special  body  of  officers 
known  as  the  board  of  pardons. 

(4)  In  every  State  it  is  the  duty  of  the  governor  to  ap- 
point many  officials  whose  selection  is  not  otherwise  pro- 
vided for.  When  an  elective  official  dies  or  resigns  before 
his  term  ends,  the  governor  fills  the  vacancy  by  appoint- 
ing some  one  to  serve  until  another  election  is  held.  When 
vacancies  occur  in  the  representation  of  the  State  in  Con- 
gress, he  issues  writs  for  a  new  election  (12,  162).  In  the 
case  of  a  vacancy  in  the  Senate  he  may  make  a  temporary 
appointment,  if  so  authorized  by  the  legislature  (162). 

(5)  It  is  the  duty  of  the  governor  to  check  hasty  or  cor- 
rupt or  unwise  legislation  by  interposing  his  veto,  a  power 
given  to  the  chief  executive  in  all  of  the  States  except  one. 
It  is  in  the  veto  and  in  the  power  of  appointment  that  the 
governor  finds  most  of  his  strength  as  a  leader.  His  power 
to  veto  a  measure  often  enables  him  to  hold  a  whip  over 
the  legislature.  ''Many  bills,"  says  Holcombe,  ** which 
it  is  known  the  governor  will  not  approve  will  not  be 
adopted  by  the  legislature,  or  will  be  amended,  in  the  hope 


THE  STATE  EXECUTIVE  165 

of  removing  the  ground  of  executive  disapproval.  Legisla- 
tors may  even  support  measures  known  to  be  favored  by  the 
executive  in  order  to  avoid  executive  disapproval  of  private 
and  local  bills  in  which  they  may  be  especially  interested. 
Since  the  effectiveness  of  the  veto  power  is  a  matter  of 
common  knowledge,  the  promoters  of  legislation  often  seek 
executive  approval  of  proposed  legislation  before  its  intro- 
duction into  the  legislature. ' '  ^ 

(6)  The  governor  performs  numerous  duties  of  a  social 
nature.  He  opens  fairs,  dedicates  public  buildings,  pre- 
sents diplomas  to  the  graduates  of  normal  schools  and  col- 
leges, and  honors  impo'rtant  celebrations  and  meetings 
with  his  presence. 

II.  The  Lieutenant-Governor.  This  officer  serves  when 
the  governor  is  out  of  the  State  or  is  incapacitated  for  duty. 
He  is  ex  officio  president  of  the  senate,  and  when  a  vacancy 
occurs  in  the  governorship  he  succeeds  to  the  office.  In 
those  States  where  there  is  no  lieutenant-governor  the 
president  of  the  senate  usually  succeeds  to  the  governor- 
ship in  case  of  a  vacancy. 

III.  The  Secretary  of  State  records  the  official  acts  of 
the  governor  and  files  the  laws  passed  by  the  legislature. 
He  has  charge  of  all  State  papers,  of  the  journals  of  the 
legislature,  and  of  the  historical  documents,  statuary,  paint- 
ings, relics,  etc.,  owned  by  the  State.  This  officer  may 
properly  be  called  the  chief  clerk  of  the  executive  depart- 
ment. 

IV.  The  State  Comptroller  (or  Auditor)  manages  the 
financial  business  of  the  State.  He  prepares  plans  for  the 
improvement  and  management  of  revenue,  reports  esti- 
mates of  the  revenue  and  expenditures  of  the  State,  and 
enforces  the  prompt  collection  of  taxes.  He  keeps  an  ac- 
count of  all  the  money  paid  into  the  treasury  and  all  drawn 
from  it.  Not  a  dollar  can  be  taken  from  the  treasury  with- 
out his  order.  As  a  rule,  it  is  his  duty  to  see  that  those 
charged  with  the  collection  of  revenue  of  the  State  are 

1  A.  N,  Holcombe,  State  Governments  m  the  United  States,  p.  329. 


166  THE  AMERICAN  DEMOCRACY 

responsible  persons  and  are  properly  bonded.  In  a  few 
States  the  comptroller  serves  on  one  or  more  State  boards. 

V.  The  State  Treasurer  has  in  his  keeping  the  money 
paid  into  the  State  treasury.  His  principal  duties  are  to 
receive  the  State  funds,  place  them  where  they  will  be 
safe,  and  pay  them  out  as  he  is  ordered  by  the  comptroller. 
Like  the  comptroller,  the  treasurer  sometimes  serves  upon 
State  boards. 

VI.  The  Attorney-General  is  the  law  officer  of  the 
State.  He  appears  in  court  for  the  State  when  it  needs  the 
service  of  a  lawyer,  and  he  gives  legal  advice  to  executive 
officers  when  he  is  called  upon  to  do  so. 

VII.  The  Superintendent  of  Public  Instruction  stands 
at  the  head  of  the  public-school  system  of  the  State.  He 
reports  to  the  governor  or  to  the  legislature  the  condi- 
tion of  educational  affairs  throughout  the  State,  visits 
teachers'  institutes  and  other  educational  meetings,  de- 
livers lectures  upon  educational  topics,  inspects  schools,  sug- 
gests methods  of  teaching  and  courses  of  instruction,  and 
promotes  the  cause  of  education  in  many  ways.  In  some 
States  he  prescribes  the  qualifications  of  teachers  and  issues 
their  certificates,  and  supervises  the  distribution  of  the 
school  funds.  In  a  few  States  the  executive  authority  in 
reference  to  the  public  schools  is  vested  in  a  State  board 
of  education.  Where  this  is  the  case  the  superintendent  of 
instruction  is  simply  an  agent  of  the  board. 

The  foregoing  officers  are  found  in  almost  every  State. 
The  governor  and  the  lieutenant-governor — where  there  is 
one — are  elected  by  the  people  always,  and  the  attorney- 
general,  secretary  of  State,  treasurer,  and  auditor  nearly 
always.  Officers  not  elected  by  popular  vote  are  in  some 
cases  appointed  by  the  governor  and  in  other  cases  ohosen 
by  the  legislature. 

Other  Executive  and  Administrative  Oflacers.  In  addi- 
tion to  the  principal  State  officers  whose  duties  have 
just  been  described,  there  are  in  many  States  still  other 


THE  STATE  EXECUTIVE 


167 


executive  and  administrative  officers  and  boards;  for  each 
State  has  such  an  organization  as  is  required  by  its  special 
needs.  A  list  of  the  most  important  of  these  additional 
officers  follows,  the  nature  of  their  duties  being  suggested 
by  their  titles: 


(1 
(2 
(3 
(4 
(5 
(6 
(7 
(8 
(9 
(10 

(11 
(12 
(13 
(14 
(15 
(16 
(17 
(18 

(19 
(20 

(21 

(22 


State  Insurance  Commissioner. 

State  Commissioner  of  Agriculture. 

State  Board  of  Public  Utilities. 

State  Tax  Commissioner. 

State  Highway  Commissioner. 

State  Railroad  Commissioner. 

State  Board  of  Charities. 

State  Board  of  Education. 

State  Factory  Inspector. 

State  Labor  Commissioner. 

State  Board  of  Public  Works. 

State  Board  of  Health. 

State  Board  of  Medical  Examiners. 

State  Board  of  Pardons. 

Adjutant-General. 

State  Inspector  of  Mines. 

State  Commissioner  of  Fisheries. 

State  Commissioner  of  Navigation. 

State  Hygiene  Physician. 

State  Fire  Marshal. 

State  Board  of  Bank  Examiners. 

State  Industrial  Board. 


No  State  has  every  one  of  the  above  officers,  but  every 
State  has  a  few  of  them.  As  in  the  case  of  the  principal 
executive  officers,  so  in  the  case  of  these  others,  the  method 
of  choice  varies:  sometimes  the  people  elect;  in  most  cases 
the  governor  appoints;  and  in  a  few  cases  the  legislature 
elects.  Besides  the  major  and  minor  officials  there  are  in 
the  services  of  the  State  such  assistants,  secretaries, 
stenographers,  clerks,  librarians,  and  employees  of  various 


168  THE  AMERICAN  DEMOCRACY 

kinds  as  may  be  necessary  for  the  efficient  working  of  the 
several  departments.  In  large  and  populous  States,  such 
as  New  York,  Pennsylvania,  Ohio,  and  Illinois,  the  em- 
ployees of  the  State  government  are  numbered  by  the 
thousands. 

Consolidation  of  State  Administrative  Offices.  In  order 
to  secure  economy  and  efficiency  in  the  management  of 
the  affairs  of  the  State  government,  there  is  a  tendency  in 
an  increasing  number  of  States  to  consolidate  the  adminis- 
trative offices  into  a  few  coordinate  departments  with  heads 
appointed  by  the  governor  and  responsible  to  him.  For 
example,  in  Illinois  more  than  one  hundred  and  twenty- 
five  boards,  commissions,  and  independent  agencies  have 
been  organized  and  consolidated  into  nine  great  depart- 
ments: namely,  finance,  agriculture,  labor,  mines  and 
minerals,  public  works,  public  welfare,  public  health,  trade 
and  commerce,  and  registration  and  education.  At  the 
head  of  each  department  is  a  director  appointed  by  the 
governor  with  the  approval  of  the  senate.  After  two 
years  of  experience  the  governor  of  Illinois,  speaking  of 
the  consolidation  plan,  said:  "It  has  more  than  justified  all 
the  expectations  that  were  formed  concerning  it.  Unity 
and  harmony  of  administration  have  been  attained  and 
vigor  and  energy  of  administration  enhanced.'^  Idaho, 
Nebraska,  and  Massachusetts  have  governments  organized 
on  the  consolidated  plan,  while  the  governors  in  a  num- 
ber of  States,  notably  those  of  Indiana,  Vermont,  North 
Carolina,  Michigan,  Minnesota,  Nevada,  and  North  Dakota, 
have  recommended  to  their  legislatures  the  consolidation  of 
the  State  administrative  offices. 

Removal  of  State  Officers.  ,The  usual  method  of  removing 
State  officers  is  to  resort  to  the  process  of  impeachment. 
For  corrupt  conduct  in  office,  or  for  crimes  and  misde- 
meanors, any  State  officer  may  be  impeached  by  the  house 
of  representatives.     The  impeachment  is  tried  by  the  sen- 


160 


170  THE  AMERICAN  DEMOCRACY 

ate,  where  the  concurrence  of  two  thirds  of  the  members 
elected  is  necessary  for  conviction.  Judgment  in  case  of 
impeachment  extends  no  further  than  removal  from  office ; 
but  the  officer  convicted  is  liable  to  be  brought  into  court 
and  tried  for  his  offenses  according  to  law.  The  process  of 
impeachment  plays  no  important  part  in  State  affairs.  It 
is  sometimes  brought  into  use  for  the  removal  of  un- 
worthy governors,  yet  in  our  entire  history  there  have  been 
only  eight  cases  of  the  impeachment  of  governors. 

In  Nevada,  Idaho,  Oregon,  Michigan,  Colorado, 
Louisiana,  Arizona,  California,  Washington,  and  Kansas, 
State  officers  may  be  removed  by  the  device  known  as  the 
recall,  although  in  four  of  these  States  (Michigan,  Louisi- 
ana, Idaho,  and  Washington)  the  device  does  not  apply  to 
judges.  The  aim  of  the  recall  is  to  give  the  people  com- 
plete control  over  the  officers  whom  they  have  elected. 
Where  the  recall  is  in  use,  the  voters,  upon  the  complaint  or 
petition  of  a  certain  number  of  citizens,  say  20  or  25  per 
cent,  of  the  voting  population,  vote  upon  the  question 
whether  a  certain  officer  shall  be  deprived  of  (recalled 
from)  his  office  before  the  end  of  his  term.  When  an 
officer  is  removed  by  the  operation  of  the  recall,  the 
vacancy  is  filled  by  holding  a  special  election,  at  which  the 
officer  removed  may  be  a  candidate  if  he  so  desire.  The 
recall  is  a  mild  form  of  impeachment.  In  the  case  of 
impeachment  the  accused  officer  is  tried  by  the  legislature ; 
under  the  procedure  of  the  recall  the  accused  is  tried  by 
the  whole  body  of  voters.  The  recall  is  seldom  brought 
into  use;  yet,  like  the  initiative  and  the  referendum,  it 
serves  the  purpose  of  a  *'gun  behind  the  door  for  use  in 
emergencies. ' ' 

Questions  on  the  Text 

1.  Contrast  federal  executive  power  with  State  executive  power, 

2.  Name  the  State  officials  that  are  found  in  almost  every  State. 

3.  What  are  the  duties  of  the  governor?  Discuss  fully  the  sub- 
ject of  the  veto  power. 

4.  What  are  the  duties  of  thp  lieutejiant-governor  ?  of  the  secre- 


THE  STATE  EXECUTIVE  171 

tary  of  State?  of  the  State  comptroller  (or  auditor)  ?  of  the  State 
treasurer?  of  the  attorney-general?  of  the  superintendent  of  public 
instruction?     How  are  these  officials  chosen? 

5.  Name  some  of  the  other  executive  and  administrative  officials. 

6.  What  has  been  done  in  the  way  of  consolidating  State  admin- 
istrative agencies? 

7.  Describe  the  process  of  impeachment.     Describe  the  recall. 

Suggestive  Questions  and  Exercises 

1.  Which  of  the  higher  officials  of  this  State  mentioned  in  the 
text  derive  their  authority  from  the  constitution?  From  what 
sources  do  the  others  derive  their  authority? 

2.  State  the  qualifications,  term  of  office,  salary,  and  chief  duties 
of  the  several  State  officials  provided  for  in  the  constitution;  also 
state  which  of  these  are  elected  by  the  people  and  which  are  ap- 
pointed. 

3.  Which  of  the  additional  officials  mentioned  in  the  text  are  found 
in  this  State?  Why  do  not  all  the  States  have  officials  of  the  same 
character  ? 

4.  Has  the  governor  of  this  State  the  veto  power?  If  so,  how 
may  his  veto  be  overcome? 

5.  Under  what  circumstances  may  the  governor  remove  an  official? 

6.  Is  the  tendency  in  this  State  to  give  much  or  little  power  to 
the  governor?     Is  this  tendency  fortunate  or  unfortunate? 

7.  Name  the  chief  executive  officials  of  this  State.  In  what  sense 
are  these  officers  representatives? 

8.  What  are  some  of  the  qualifications  of  a  good  governor?  a 
good  comptroller?  a  good  attorney-general?  a  good  State  superin- 
tendent of  instruction? 

9.  Has  the  governor  of  this  State  the  pardoning  power?  Is  the 
pardoning  power  an  executive  or  a  judicial  function  ? 

10.  In  which  of  the  three  departments  of  the  government  of  this 
State  do  the  people  take  the  most  pride?  In  which  do  they  take  the 
least  pride? 

11.  What  officers  of  this  State  would  be  best  fitted  to  serve  as  the 
President  of  the  United  States?  What  officer  would  be  best  fitted  to 
serve  in  the  President's  Cabinet? 

12.  What  provision  is  made  in  the  constitution  of  this  State  for 
the  impeachment  of  officers?  Compare  the  process  of  impeachment 
with  the  procedure  of  the  recall. 

13.  Ought  there  to  be  a  consolidation  of  offices  in  this  State? 

14.  Fill  out  the  following  scheme  for  the  executive  department  of 
the  State: 


172 


THE  AMERICAN  DEMOCRACY 


Title 

Name  of 

Pbesent 

Incumbent 

Appointed 

OB 

Elected? 

Tebm  of 
Office  ? 

Salaey? 

Duties? 

Governor 

Lieutenant- 
Governor 

Secretary 
of  State 

• 

Treasurer 

Comptroller 
or  Auditor 

Attorney- 
General 

Superintendent 
of  Education 

Topics  fob  Special  Wobk 

1.  The  State  Executives:  Holeombe,  280-342. 

2.  The  Recall:  Jones,  351-354;  Munro,  518-521. 

3.  The  State  Governor:  Kaye,  271-275. 

4.  Public  Service  Commissions:   Kaye,  275-281. 

5.  The  Reconstruction  of  State  Government:  Munro,  522-534. 


XXII 
THE  STATE  JUDICIARY 

In  every  State  there  is  a  fully  organized  system  of  courts,  which 
is  entirely  independent  of  the  federal  courts  and  which  administers 
justice  in  cases  coming  within  the  scope  of  the  laws  of  the  State. 
How  is  the  State  judiciary  organized?  What  are  its  powers,  and 
what  part  does  it  play  in  our  civil  life? 

Selection  of  the  State  Judiciary.  In  colonial  times  the 
judges  were  usually  appointed  by  the  colonial  governor. 
After  independence 'was  declared  each  State  retained  the 
system  of  courts  to  which  it  had  been  accustomed,  but  under 
the  new  constitutions  eight  States  vested  the  election  of 
judges  in  the  legislature,  while  five  gave  the  appointment  of 
them  to  the  governor.  Early  in  the  nineteenth  century, 
Georgia,  venturing  upon  a  policy  hitherto  unknown  in  the 
history  of  politics,  intrusted  the  election  of  its  judges  to 
the  people.  As  democracy  grew  stronger  the  people  began 
to  demand  the  privilege  of  electing  their  judges  as  well 
as  their  other  officers,  and  the  example  set  by  Georgia  came 
to  be  generally  followed,  especially  in  the  new  States. 
At  the  present  time  in  more  than  five  sixths  of  the  States 
the  judges  are  chosen  by  the  voters.  In  the  other  States 
they  are  either  appointed  by  the  governor  or  chosen  by  the 
legislature. 

The  Several  Grades  of  State  Courts.  The  names  of  the 
several  grades  of  State  courts,  and  the  jurisdiction  of  each, 
tfie  method  of  choosing  the  judges,  their  qualifications, 
their  salaries,  their  term  and  tenure  of  office,  and  other 
important  matters  pertaining  to  the  judiciary  are  usually 
prescribed  in  the  State  constitution. 

173 


174  THE  AMERICAN  DEMOCRACY 

Since  the  judicial  department  of  a  State  is  organized  in 
accordance  with  the  necessities  and  traditions  of  a  par- 
ticular region,  we  must  not  expect  to  find  the  system  of 
any  two  States  precisely  alike.  The  work  of  a  State  court, 
however,  is  everywhere  the  same :  it  administers  justice  in 
cases  that  come  within  the  scope  of  State  laws,  and  these 
are  the  laws  that  relate  to  most  of  the  affairs  of  daily  life 
(p.  155).  In  the  administration  of  justice  in  the  State  it 
has  been  found  convenient  in  all  of  the  States  to  have  at 
least  three  grades  of  courts: 

I.  The  Justice's  Court.  This  court,  the  lowest  in  the 
series,  is  held  by  a  justice  of  the  peace,  and  may  be  called 
the  court  of  the  neighborhood,  for  in  every  community  it 
is  near  at  hand  to  administer  justice  in  small  affairs.  In 
it  are  tried  petty  misdemeanors  and  civil  cases  involving 
small  sums  of  money.  In  the  trial  of  trivial  offenses  and 
of  civil  cases  involving  but  a  small  sum  of  money  the  de- 
cision of  the  court  is  usually  final,  but  when  its  judgment 
inflicts  a  severe  penalty  or  involves  a  considerable  sum  of 
money  an  appeal  may  be  taken  to  a  higher  court.  In  cities, 
police  courts,  sometimes  called  municipal,  sometimes  magis- 
trates', courts,  are  often  established  for  petty  criminal 
cases.  Where  the  police  court  exists  side  by  side  with  the 
justice's  court,  the  latter  tries  only  civil  cases. 

II.  The  Circuit  or  District  Court}  Next  above  the 
justice's  court  is  a  tribunal  usually  known  as  either  the 
circuit  or  district  court,  although  in  some  States  it  is 
called  the  superior  court,  and  in  others  the  court  of  com- 
mon pleas.  This  court  of  the  second  grade  may  be  called 
the  court  of  the  county,  for  in  almost  every  State  it  is  held 
in  the  county  court-house  at  the  county-seat.  It  must  not 
be  understood,  however,  that  the  jurisdiction  of  the  judges 
of  this  court  is  limited  to  a  single  county.  A  circuit  (or 
district)  usually  includes  several  counties,  and  the  judges 
of  a  circuit  go  from  county  to  county  to  hold  court.     In 

1  The  student  should  be  careful  not  to  confuse  a  district  court  of  the  State 
•with  the  District  Court  of  the  federal  system. 


THE  STATE  JUDICIARY  175 

rural  districts  this  court  tries  both  civil  and  criminal  cases, 
but  in  the  larger  cities  there  is  generally  a  criminal  court  of 
corresponding  grade  for  the  trial  of  the  criminal  cases. 
A  very  large  city  may  have  an  elaborate  system  of  courts 
of  its  own,  organized  with  the  view  of  meeting  the  city's 
needs. 

These  courts  of  the  second  grade  are  the  centers  of  most 
of  the  judicial  business  of  the  State.  They  are  the  general 
trial  courts.  In  them  are  tried  the  weightier  cases  of  the 
law.  They  review  the  cases  appealed  from  the  justice's 
court,  and  they  have  original  jurisdiction  in  serious 
criminal  cases  and  in  important  civil  cases. 

It  is  in  these  courts,  too,  that  the  jury  figures  most  prom- 
inently as  an  agency  of  justice.  Juries  are  of  two  kinds, 
grand  and  petit.  The  grand  jury  is  a  body  of  men,  vary- 
ing from  seven  to  twenty-three  in  number,  chosen  by  court 
officials  to  inquire  whether  there  have  been  any  violations 
of  the  law  in  the  community,  and  to  determine  whether  or 
not  those  persons  under  suspicion  should  come  up  for  trial. 
When  making  an  inquiry  into  a  criminal  charge,  the  grand 
jury  sits  in  secret  and  hears  only  the  evidence  against  the 
accused.  Its  function  is  not  to  try  the  accused,  but  to  de- 
cide whether,  on  the  face  of  things,  there  is  sufficient  evi- 
dence of  guilt  to  warrant  a  trial.  When  a  majority  of  the 
grand  jury  are  satisfied  that  the  case  ought  to  be  tried,  the 
indictment  is  indorsed  with  the  words  ''a  true  bill,"  and 
the  case  goes  to  the  petit  jury  to  be  tried. 

This  body  (in  all  of  the  States  but  one)  must  consist 
of  twelve  men.  It  sits  in  open  session,  and  hears  evidence 
on  both  sides  of  the  case.  During  the  progress  of  the  trial 
questions  of  law  are  determined  by  the  court ;  the  jury  de- 
termines only  questions  of  fact.  After  the  evidence  has  all 
been  given,  and  counsel  on  both  sides  of  the  case  have 
been  heard,  the  jury  retires  from  the  court-room  and  is 
locked  into  a  small  room,  where  it  remains  until  it  finds  a 
verdict,  or  until  the  judge  decides  that  no  verdict  will  be 
reached. 


176  THE  AMERICAN  DEMOCRACY 

All  the  twelve  ^  members  must  agree  upon  the  verdict. 
When  no  agreement  is  reached  a  new  trial  may  be  ordered. 
As  a  general  rule  the  verdict  of  a  jury  is  decisive. 

Juries  are  chosen  from  the  ordinary  citizens  in  the  neigh- 
borhood in  which  the  trial  is  conducted — from  farmers, 
mechanics,  merchants — and  this  is  the  feature  doubtless 
that  makes  trial  by  jury  so  popular.  When  a  man  is  tried 
by  men  who  are  neither  too  far  above  him  nor  too  far  be- 
low him  to  have  sympathy  with  him,  he  has  a  good  chance 
for  a  fair  trial.  The  jury  system,  like  every  other  human 
institution,  has  its  defects;  but,  notwithstanding  its  short- 
comings, it  is  one  of  the  greatest  safeguards  of  civil  liberty 
ever  invented. 

III.  The  Supreme  Court. ^  In  this  court  resides  the  su- 
preme judicial  authority  of  the  State.  It  sits  at  the  State 
capital,^  where  it  holds  sessions  the  greater  part  of  the 
year.  Its  jurisdiction  is  for  the  most  part  appellate,  al- 
though there  are  a  few  instances  in  which  it  has  original 
jurisdiction.  For  example,  a  case  involving  the  official 
action  of  a  State  officer  is  usually  begun  in  the  supreme 
court.  Most  of  the  cases,  however,  tried  in  the  supreme 
court  come  up  to  it  from  the  courts  below.  When  a  de- 
cision of  this  court  conflicts  in  no  way  with  the  federal 
authority,  it  is  final,  and  is  binding  upon  the  people  of  the 
State  as  long  as  the  State  constitution  remains  unchanged ; 
but  when  the  decision  conflicts  with  federal  law  or  with  the 
federal  Constitution,  it  may  be  reversed  by  the  Supreme 
Court  of  the  United  States. 

Immediate  Courts  of  Appeal.  In  several  States  where 
the  work  of  the  courts  is  unusually  heavy,  there  has  been 
inserted  between  the  court  of  the  second  grade  and  the  su- 
preme court  an  intermediate  court  of  appeals.*    This  ad- 

1  In  a  few  States  the  aereement  of  thre*  fourths  of  the  members  of  a 
jury  is   sufficient  to  render  a  verdict. 

2  In  four  States  (Kentucky,  Maryland.  New  Jersey,  and  New  York)  this 
court  is  called  the  court  of  appeals.  In  Texas  there  are  two  supreme  courts, 
one  for  civil  and  one  for  criminal  cases. 

3  In  a  few  States  the  supreme  court,  for  the  convenience  of  the  public,  holds 
sessions   at  several   different  places   in   the   State. 

4  Pennsylvania,   Illinois,   Louisiana,   and  Missouri  have  courts  of  this  kind. 


THE  STATE  JUDICIARY  177 

ditional  tribunal  has  been  established  to  relieve  the  State 
supreme  court  of  some  of  its  burdens,  just  as  the  federal 
Circuit  of  Appeals  (p.  135)  was  established  for  the  purpose 
of  making  easier  the  work  of  the  federal  Supreme  Court. 
The  jurisdiction  of  this  immediate  court  is  purely  appellate, 
and  its  decisions  are  final,  except  in  a  few  specified  cases 
which  may  be  carried  from  it  up  to  the  higher  court. 

Probate,  County,  and  Chancery  Courts.  In  many  of  the 
States  we  find  in  every  county  a  probate  court.  It  is  the 
business  of  this  court  to  examine  the  wills  of  deceased  per- 
sons and  to  decide  whether  they  have  been  made  as  wills 
by  law  ought  to  be  made.  When  a  person  dies  without 
having  made  a  will,  and  leaves  no  one  to  take  charge  of 
his  estate,  the  probate  court  will  appoint  an  administrator 
to  take  charge  of  it.  When  a  child  is  left  without  father 
or  mother,  the  probate  court  will  appoint  a  guardian  to 
manage  the  estate  until  the  child  comes  of  age.  In  general, 
the  business  of  the  probate  court  is  to  see  that  the  property 
of  the  dead  falls  into  rightful  hands.  In  some  States  the 
probate  court  is  called  the  orphans'  court.  In  New  York 
and  New  Jersey  it  is  called  the  surrogate's  court. 

In  States  where  there  is  no  separate  probate  court,  pro- 
bate business  is  given  to  the  county  court,  an  institution 
found  in  many  States.  This  county  court  in  a  few  States 
has  functions  that  are  purely  judicial  and  may  try  mis- 
demeanors and  small  civil  cases. 

In  a  few  States  we  find  chancery  courts  separate  from 
the  law  courts.  In  these  chancery  courts  the  equity  cases 
are  tried.  As  a  rule,  however,  equity  eases  are  tried  in  the 
regular  law  courts  of  the  system. 

Relation  of  the  State  Judiciary  to  the  Federal  Judiciary. 

The  State  courts  are  entirely  independent  of  the  federal 
courts.     They  have  their  own  judges  and  court  officers — 

In  New  York  there  is  below  the  court  of  ai)iier.ls,  the  highest  court  of  the 
State,  a  supreme  court,  one  division  of  whicli  is  an  intermediate  court  of  ap- 
peals. The  other  division  of  the  supreme  L\..nL  do.d  for  the  most  part  the 
work  of  a  court  of  the  second  grade,  that  is  to  say,  of  a  circuit  or  district 
court. 


178  THE  AMERICAN  DEMOCRACY 

sheriffs,  clerks,  and  prosecuting  officers  (p.  184) — and  their 
own  court-houses.  They  attend  to  the  judicial  business  of 
the  State,  and  can  not  be  compelled  to  perform  judicial 
duties  of  a  federal  nature.  Their  decisions,  however,  may 
be  reviewed  and  reversed  by  the  federal  courts.  When  one 
of  the  parties  to  a  case  in  a  State  court  claims  that  the 
decision  of  the  court  is  contrary  to  the  federal  Constitu- 
tion or  to  federal  law,  the  case  may  be  carried  over  to  the 
federal  courts  for  trial;  but  when  a  case  is  wholly  outside 
of  federal  authority  it  must  receive  its  final  settlement  in  a 
State  court. 

Powers  of  the  State  Judiciary.  The  part  played  by  the 
State  judiciary  in  our  civil  life  is  of  the  highest  importance. 
Most  of  the  cases  that  come  up  for  settlement  are  tried  in 
the  State  courts.  The  volume  of  State  judicial  business  is 
probably  ten  times  as  great  as  the  business  of  the  federal 
judiciary  within  the  State.  Among  the  powers  of  the 
State  judge  are  the  following: 

(1)  He  may  declare  a  statute  of  the  legislature  invalid 
on  the  ground  that  it  conflicts  (a)  with  the  Constitution  of 
the  United  States  (127),  or  (h)  with  a  statute  or  treaty 
of  the  federal  government,  or  (c)  with  a  decision  of  the 
Supreme  Court  of  the  United  States,  or  (d)  with  the  con- 
stitution of  the  State. 

(2)  When  the  case  before  the  court  is  novel,  and  there 
is  no  law,  either  customary  or  written,  that  will  fit  the 
case,  the  judge  may  nevertheless  render  a  decision;  and 
this  decision  is  not  only  law  for  the  case  in  hand,  but  it 
will  also  generally  be  regarded  in  other  courts  of  the  State 
as  the  law  for  similar  cases  when  they  shall  arise.  Laws 
thus  established  by  judicial  decisions  are  distinguished 
from  those  enacted  by  the  legislature  and  are  called  judge- 
made  laws  or  case  laws. 

(3)  Judges  in  courts  of  equity — and  in  most  States  the 
regular  law  courts  are  also  courts  of  equity — have  the 
power  to  issue  the  writ  of  injunction,  forbidding  a  persoii 


THE  STATE  JUDICIARY  179 

to  do,  or  commanding  him  to  do,  a  certain  thing.  If  the 
injunction  is  disobeyed  the  person  disobeying  it  is  liable 
to  punishment.  The  injunction  is  generally  used  to  pre- 
vent the  commission  of  wrongs  that  could  not  be  prevented 
by  the  ordinary  workings  of  a  lawsuit.  Thus,  if  a  railroad 
company  begins  to  lay  its  tracks  across  a  man's  property 
without  first  securing  a  right  of  way,  a  judge  in  a  court  of 
equity,  at  any  time  of  the  day  or  night,  will  issue  an  in- 
junction forbidding  the  railroad  to  continue  the  laying  of 
the  tracks.  In  recent  cases  courts  have  forbidden  labor 
leaders  and  others  to  induce  or  coerce  workingmen  to  strike 
where  the  strike  would  cause  irreparable  injury  and  dam- 
age to  the  employers.  This  use  of  the  injunction  has  met 
with  fierce  opposition  and  is  regarded  by  many  as  un- 
warranted and  unjust.  The  power  of  injunction  is 
exercised  by  federal  as  well  as  by  State  judges. 

(4)  In  certain  cases  State  judges  may  issue  the  writ  of 
mandamus.  This  writ  is  issued  to  an  officer  of  govern- 
ment or  to  a  corporation  official,  requiring  the  performance 
of  a  public  duty  that  the  officer  or  corporation  has  re- 
fused to  perform.  The  purpose  of  this  important  writ  is 
to  compel  the  officer  to  go  forward  and  do  that  which  his 
position  plainly  requires  him  to  do.  Federal  judges  also 
may  in  certain  cases  issue  the  writ  of  mandamus. 

Questions  on  the  Text 

1.  How  were  judges  selected  in  colonial  times?  How  are  they 
selected  at  the  present  time? 

2.  What  is  the  function  of  the  State  judiciary? 

3.  Give  an  account  of  each  of  the  three  grades  of  State  courts. 

4.  What  is  the  function  of  an  intermediate  court  of  appeal? 

5.  What  is  a  probate  court?  a  chancery  court? 

6.  In  what  relation  does  the  State  judiciary  stand  to  the  federal 
judiciary? 

7.  Name  four  important  powers  of  the  State  judiciary. 

Suggestive  Questions  and  Exeecises 

1.  Examine  the  constitution  of  this  State  for  answers  to  the  fol- 
lowing questions:  (a)  What  are  the  names  of  the  several  grades  of 
courts,  beginning  with  the  lowest?  {&)  How  do  justices  of  the 
peace  and  police  magistrates  receive  their  office,  by  election  or  by  ap- 


180 


THE  AMERICAN  DEMOCRACY 


pointment?  (c)  What  is  the  name  of  the  court  corresponding  to 
the  circuit  court  described  in  the  text?  State  the  qualifications  of 
the  judges  of  this  court,  the  term  of  their  office,  the  mode  of  their 
election  or  appointment,  and  the  salary  received.  What  is  the  num- 
ber of  the  circuit  (or  district)  in  which  you  live?  Bound  this  cir- 
cuit and  name  the  judges,  (d)  What  is  the  name  of  the  court  cor- 
responding to  the  supreme  court  described  in  the  text?  State  the 
qualifications  of  the  judges  of  this  office,  the  term  of  the  office,  mode 
of  election  or  appointment,  and  the  salary  received. 

2.  Why  should  the  term  of  office  of  a  judge  be  longer  than  that  of 
other  officers? 

3.  Which  are  the  most  important,  good  law-makers,  good  execu- 
tive officers,  or  good  judges? 

4.  If  you  live  in  a  city  of  considerable  size,  describe  the  several 
kinds  of  courts  existing  in  your  city. 

5.  If  you  had  a  ease  in  court,  would  you  prefer  to  have  it  tried 
by  a  judge  without  a  jury  or  by  a  judge  with  a  jury? 

6.  Fill  out  the  following  scheme  for  the  judicial  department  in 
vour  State: 


Name  of 
Court 

Appointed 

OR 

Elected  ? 

Term  of 
Office? 

Salary  ? 

Duties 
(jurisdic- 

TIOX  ? ) 

Supreme 
Court 

Intermediate 
Court  of 
Appeals 

Circuit 

or 
District 

or 

Sui)erior 

Court 

Justice  of 
the  Peace 

Special 
Courts 

Topics  for  Special  Work 

1.  Popular  Election  of  the  Judiciarv:  Johnson,  367-369. 

2.  The  State  Judiciary:  Holcombe,  345-392 ;  Munro,  489-501. 

3.  Courts  of  Last  Resort:  Reinsch,  140-150. 

4.  Politics  and  the  Judiciary:  Reinsch,  158-168. 

5.  Trial  by  Jury:  Kaye,  320-327. 


XXIII 
THE  COUNTY 

Within  the  boundaries  of  the  State  there  are  hundreds,  in  some 
cases  thousands,  of  minor  governments  attending  to  the  public  af- 
fairs of  localities.  Upon  these  localities — these  cities,  villages,  coun- 
ties, and  townships — rests  most  of  the  every-day  work  of  govern- 
ment. Local  governments,  therefore,  may  rightly  demand  a  liberal 
share  of  our  attention.  We  have  already  considered  this  subject  in 
its  broad  aspects  (pp.  62-67),  and  have  learned  of  the  relation 
that  exists  between  the  local  government  and  the  higher  State  gov- 
ernment. We  shall  now  study  the  organization  of  the  several  kinds 
of  local  government,  beginning  with  the  county. 

Importance  of  County  Government.  Of  all  the  local  gov- 
ernments, the  county  is  the  one  most  widely  established 
and  the  one  that  touches  the  lives  of  the  greatest  number 
of  people.  It  is  a  unit  of  local  government  in  every  State. 
Altogether  there  are  in  the  United  States  more  than  three 
thousand  counties.  With  the  exception  of  the  inhabitants 
of  the  cities  of  Washington,  St.  Louis,  and  Baltimore,  and 
the  principal  cities  of  Virginia,  everybody  lives  in  a  county. 
The  total  annual  expenditures  of  counties  amount  to  nearly 
half  a  billion  dollars.  The  activities  of  the  county  govern- 
ment extend  to  things  affecting  profoundly  the  health,  com- 
fort, and  convenience  of  the  public.  County  government, 
therefore,  is  one  of  the  most  important  subjects  that  can 
engage  the  attention  of  the  citizen. 

The  Three  Types  of  County  Government.  County  gov- 
ernment in  America  had  its  origin  in  the  colony  of  Vir- 
ginia. Very  early  the  settlers  of  Virginia  felt  the  necessity 
of  some  kind  of  local  government,  and  they  chose  the  Eng- 
lish shire,  or  county,  as  the  form  most  suitable  to  prevail- 
ing   conditions.     Counties   were    also    established    in   the 

181 


182  THE  AMERICAN  DEMOCRACY 

other  colonies ;  but,  inasmucli  as  conditions  were  not  every- 
where the  same,  county  governments  of  different  kinds 
were  evolved,  with  the  result  that  by  the  end  of  the  colonial 
period  three  rather  distinct  types  were  in  existence.  These 
types  have  persisted  until  the  present  time.  Hence  our 
county  governments  fall  into  three  classes: 

I.  Counties  of  the  Southern  Type.  The  Virginia 
county  being  suitable  to  the  civilization  of  the  other  South- 
em  colonies  was  adopted  by  them  as  a  unit  of  local  govern- 
ment. Later,  when  the  Territories  and  States  of  the  South- 
west and  far  "West  were  organized,  they  were  divided  into 
counties  of  the  Virginia  type.  Looking  at  the  subject 
broadly,  we  may  say  that  the  following  States  have  modeled 
their  counties  on  the  Virginia  plan:  Maryland,  West  Vir- 
ginia, North  Carolina,  South  Carolina,  Georgia,  Florida, 
Alabama,  Mississippi,  Tennessee,  Kentucky,  Louisiana, 
Arkansas,  Texas,  New  Mexico,  Arizona,  Colorado,  Cali- 
fornia, Oregon,  Montana,  Idaho,  Wyoming,  and  Utah.  In 
these  States  virtually  all  of  the  services  of  local  government 
(p.  62)  outside  of  the  chartered  municipalities  are  per- 
formed by  the  county  government.  It  is  true  that  in  all 
of  these  States  the  county  is  divided  into  minor  divisions — 
into  precincts,  or  beats,  or  wards,  or  election  districts ;  but 
these  divisions  are  in  no  sense  distinct  units  of  local  gov- 
ernment ;  they  are  simply  convenient  areas  for  voting  or  for 
performing  some  public  service  regulated  and  controlled  by 
county  authority. 

II.  The  New  England  County.  When  we  turn  to  New 
England,  we  find  that  the  county  is  not  a  very  important 
factor  in  local  affairs.  This  is  due  to  the  fact  that  in  New 
England,  outside  of  the  municipalities,  the  town — as  may 
be  learned  more  fully  hereafter — takes  to  itself  nearly  the 
whole  of  the  burden  of  local  government,  leaving  little  for 
the  county  to  do.  In  fact,  the  county  in  New  England 
exists  mainly  for  judicial  purposes.  Nevertheless,  it  has  a 
few  officers  and  exercises  a  few  powers  similar  to  those 
exercised  by  the  county  in  other  States, 


THE  COUNTY  183 

III.  The  County  in  the  Middle  States  and  in  the  Middle 
West.  In  the  Middle  States  and  in  most  of  those  of  the 
Middle  West  there  have  been  established  within  the  county 
inferior  local  governments  known  as  townships.  These 
townships  perform  some  of  the  local  services  that  are  per- 
formed by  the  county  in  States  that  have  the  Southern 
type.  The  functions  of  county  government  in  the  Middle 
States  and  in  the  Middle  West,  therefore,  are  not  so 
numerous  as  they  are  in  the  South  and  Southwest,  although 
they  are  more  numerous  than  in  New  England. 

The  Governing  Body  of  the  County.  In  every  county,  ex- 
cept in  the  counties  of  Rhode  Island,  there  is  an  elective 
governing  body  known  as  the  board  of  commissioners  or 
board  of  supervisors.^  This  board  consists  usually  of  three 
or  ^ye  or  seven  members,  whose  terms  of  office  vary  from 
one  to  six  years.  In  some  of  the  States,  as  in  New  York, 
New  Jersey,  Michigan,  Illinois  (in  eighty-five  of  the  coun- 
ties), and  Wisconsin,  the  county  board  consists  of  one  super- 
visor for  each  of  the  townships  into  which  the  county  is 
divided.  The  county  board  holds  its  sessions  at  the  county- 
seat,  where  the  county  officials  have  offices.  The  county 
commissioners  (or  supervisors)  ujsually  do  the  following 
things : 

(1)  They  fix  the  rate  of  taxation  for  the  county. 

(2)  They  appoint  the  assessors,  tax  collectors,  road 
supervisors,  and  other  subordinate  county  officials. 

(3)  They  make  contracts  for  building  and  repairing 
public  buildings,  such  as  court-houses,  jails,  and  alms- 
houses. 

(4)  They  appropriate  money  for  the  payment  of  the 
salaries  of  county  officers  and  to  meet  the  expenses  of 
county  government. 

1  In  Vermont  this  body  is  called  the  board  of  assistant  judges ;  in  New 
Jersey,  the  board  of  chos^^fre^holders ;  in  Kentucky,  the  fiscal  court;  in 
West  Virginia  and  Tennessee^>3Ee  county  court;  in  Louisiana,  the  police  jury; 
in  Arkansas,  the  levying  court.  In  Georgia  county  affairs  are  conducted  by 
a  single  officer  known  as  the  ordinary. 


184  THE  AMERICAN  DEMOCRACY 

(5)  They  (in  many  States)  make  contracts  for  repair- 
ing old  roads  and  opening  new  ones,  and  also  for  building 
and  repairing  bridges. 

(6)  They  represent  the  county  when  it  is  sued  for  dam- 
ages. (Any  local  government  is  to  a  certain  extent  a  cor- 
poration (p.  64),  and,  in  so  far  as  it  is  a  corporation,  it 
can,  like  a  natural  person,  be  brought  into  court  to  defend 
a  suit.) 

Court  Officials  of  a  County.  Every  county  is  a  district 
for  the  administration  of  justice,  and  at  every  county-seat 
sessions  of  court  are  held.  In  the  execution  of  judicial 
business  the  judges  receive  the  assistance  of  several  county 
officers.  The  most  important  county  officers  who  act  as 
court  officials  are  as  follows: 

(1)  The  Prosecuting  Attorney,  called  in  some  States 
the  District  Attorney,  in  others  the  State's  Attorney,  and 
in  still  others  the  Solicitor,  is  a  lawyer  whose  chief  duty  is 
to  see  that  criminals  are  brought  to  justice,  and  to  appear 
in  court  at  the  trial  of  persons  charged  with  crime  and 
present  the  side  of  the  State. 

(2)  The  Sheriff  has  been  called  the  ''arm  of  the  judge.*' 
If  the  judge  orders  a  man  to  be  taken  to  prison,  or  orders 
property  to  be  sold,  or  sentences  a  man  to  be  hanged,  the 
sheriff  executes  the  command.  It  is  his  duty  also  to  assist 
in  preserving  peace  and  order,  and  when  necessary  he  may 
call  to  his  aid  a  sufficient  number  of  deputies.  In  times  of 
great  danger  or  disturbance  he  may  call  to  his  aid  the 
posse  comitatus,  which  includes  every  able-bodied  man  in 
the  county.  The  sheriff  usually  lives  at  the  county-seat 
and  has  charge  of  the  county  jail  and  its  prisoners. 

(3)  The  Clerk  of  the  Circuit  (or  District  or  Superior) 
Court  is  a  kind  of  secretary  to  the  judge.  He  enrolls  in 
permanent  form  the  records  of  the  court  and  keeps  them 
where  they  will  be  safe.  Also,  in  some  States,  he  keeps  a 
record  of  the  deeds  and  mortgages  given  in  the  county, 
issues   marriage   certificates,   and   records   all   births   and 


THE  COUNTY  185 

deaths.  The  county  clerk,  therefore,  is  one  of  the  busiest 
and,  most  useful  of  county  officials. 

(4)  The  Coroner  inquires  into  the  cause  of  mysterious 
or  sudden  deaths.  If  he  thinks  a  death  has  been  the  re- 
sult of  violence,  he  summons  six  or  twelve  men  to  act  as  a 
jury,  and  holds  a  ** coroner's  inquest."  Witnesses  are 
summoned,  and  the  jury,  after  hearing  evidence,  states 
the  probable  cause  of  the  death.  If  it  seems  to  the  jury 
that  the  deceased  person  came  to  his  death  at  the  hand  of  a 
certain  person,  the  accused  is  arrested  and  sent  to  jail  to 
await  trial. 

Other  County  Officials.  The  county  officers  mentioned  in 
the  preceding  section  are  found  in  virtually  every  State. 
In  addition  to  these,  there  are  other  county  officials  that 
are  found  in  many  or  most  of  the  States : 

(5)  The  County  Superintendent  of  Schools  has  a  gen- 
eral supervision  over  the  schools  within  the  county.  He 
usually  sets  the  examinations  for  teachers.  He  visits  the 
different  schools  of  the  county  and  makes  out  a  report  of 
their  work;  collects  school  statistics;  grades  the  work  of 
schools ;  and  devotes  his  time  to  their  improvement. 

(6)  The  County  Treasurer  receives,  safeguards,  and  pays 
out  the  money  raised  by  county  taxation. 

(7)  The  County  Auditor  examines  the  books  of  the  treas- 
urer and  of  other  county  officers,  and  reports  whether  the 
public  accounts  are  properly  and  honestly  kept.  In  some 
States  he  issues  warrants  on  the  treasurer  for  the  expendi- 
ture of  county  money  according  to  the  appropriations  made 
by  the  county  board. 

(8)  The  Register  or  Recorder  of  Deeds  keeps  a  record 
of  mortgages  and  deeds.  In  all  the  States,  when  real  estate 
passes  from  one  owner  to  another  a  public  record  of  the 
transaction  is  necessary,  and  in  about  half  the  States  the 
record  is  intrusted  to  a  county  register  or  recorder  of  deeds. 

(9)  The  County  Surveyor  makes  surveys  of  land  when 
the  county  needs  the  services  of  a  land  surveyor. 


186  THE  AMERICAN  DEMOCRACY 

(10)  The  County  School  Board  has  the  general  manage- 
ment of  the  schools  of  the  county.  In  some  States  the 
county  school  board  has  only  certain  supervisory  duties. 

(11)  The  Overseers  of  the  Poor  attend  to  the  needs  of 
paupers  and  other  unfortunates. 

(12)  County  Assessors  estimate  the  value  of  the  prop- 
erty of  each  taxpayer  in  the  county. 

In  no  State  do  we  find  all  the  county  officers  mentioned 
above ;  yet  the  list  gives  a  fairly  good  notion  of  the  official 
outfit  of  a  typical  American  county.  County  officers,  gen- 
erally speaking,  are  elective;  yet  there  are  many  cases 
where  the  county  official  receives  his  position  by  appoint- 
ment. 

County  Home  Rule.  As  a  general  rule,  counties  are  organ- 
ized and  governed  by  general  laws  passed  by  the  legisla- 
ture. There  is,  however,  in  several  States  a  sentiment  which 
demands  that  counties  should  be  given  a  measure  of  home 
rule  similar  to  that  which  is  enjoyed  in  many  cases  by  cities 
(p.  66).  In  California  the  people  of  a  county  are  per- 
mitted to  determine  the  form  of  county  organization,  pro- 
vided that  certain  necessary  county  officers,  such  as  the 
sheriff  and  district  attorney,  are  maintained  to  execute  the 
laws. 

The  Citizen  and  His  County.  Practically  every 'American 
citizen  is  directly  and  closely  interested  in  the  administra- 
tion of  the  affairs  of  some  county,  but  citizens  are  by  no 
means  ever3rsvhere  as  watchful  of  their  county  government 
as  they  ought  to  be.  They  allow  the  management  of  county 
affairs  to  fall  into  the  hands  of  a  ''court-house  ring,"  and 
this  too  often  means  mismanagement  and  corruption. 
Where  the  county  government  is  bad,  roads  are  bad,  bridges 
are  unsafe,  schools  are  inefficient,  crime  is  unpunished,  and 
taxes  are  high. 

County  affairs  are  often  neglected  because  they  are  re- 
garded  as   too   commonplace   for   serious   attention.     The 


THE  COUNTY  187 

citizen,  in  his  interest  in  the  greater  affairs  of  the  State 
and  nation,  overlooks  the  small  politics  of  the  locality. 
Such  oversight  is  one  of  the  most  dangerous  errors  of  citi- 
zenship. The  county  is  one  of  the  political  units  that  go 
to  make  up  the  State,  just  as  the  State  is  one  of  the  units 
of  which  the  nation  is  composed.  Keep  the  government  of 
all  the  counties  pure  and  good,  and  good  government  in 
State  and  nation  will  almost  certainly  follow. 

Questions  on  the  Text 

1.  Why  is  the  question  of  county  government  very  important? 

2.  Describe  the  three  types  of  county  government. 

3.  Give  an  account  of  the  organization  and  powers  of  the  county 
commissioners  or  supervisors. 

4.  Name  the  court  officials  of  the  county  and  describe  the  duties 
of  each. 

5.  Name  some  of  the  other  county  officials  and  give  an  account  of 
the  duties  of  each. 

6.  To  what  extent  has  "home  rule"  been  granted  to  counties? 

7.  Whut  do  you  think  of  the  principle  of  "home  rule"  for  coun- 
ties? 

8.  What  can  you  say  of  the  citizen  and  his  county? 

Suggestive  Questions  and  Exeecises 

1.  What  are  the  provisions  in  the  constitution  of  this  State  re- 
lating to  the  government  of  counties?  Do  these  provisions  restrict 
the  power  of  the  legislature  in  reference  to  counties,  or  do  they  leave 
that  body  free  to  govern  counties  pretty  much  as  it  pleases?  Can 
the  legislature  of  this  State  pass  special  laws  as  to  counties? 

2.  How  many  counties  are  there  in  this  State?  Are  their  bound- 
aries artificial  or  natural?  Have  their  names  any  historical  sig- 
nificance ? 

3.  Bound  the  county  in  which  you  live  and  give  its  area  and 
population.  What  is  the  distance  of  the  county-seat  from  the  most 
remote  point  in  the  county?  In  what  year  was  this  county  organ- 
ized? 

4.  Prepare  a  list  of  the  county  officers  of  this  State  and  compare 
it  with  the  list  given  in  the  text.  (In  those  States  in  which  county 
is  the  predominant  type  of  local  government  the  two  lists  will  prob- 
ably resemble  each  other  closely;  in  other  States  there  may  be  a 
considerable  difference  between  them.) 

5.  State  the  powers  of  the  county  board  of  commissioners  in  this 
State.     Is  the  board  a  legislative  or  an  executive  body? 

6.  What  are  the  constitutional  provisions  relating  to  the  term  of 
the  several  county  officials,  the  manner  of  their  election  or  appoint- 
ment, and  their  salaries? 


188 


THE  AMERICAN  DEMOCRACY 


7.  Are  the  representatives  in  the  legislature  of  this  State  appor- 
tioned by  counties?  If  so,  state  the  rule  by  which  they  are  appor- 
tioned. Is  the  rule  agreeable  to  the  principle,  "so  many  people,  so 
many  representatives"  ? 

8.  Is  this  county  well  governed?     State  particulars. 

9.  Of  the  functions  of  local  government  mentioned  on  p.  62  name 
those  that  are  exercised  by  county  officii  lis  in  this  State. 

10.  What  is  the  name  of  the  smaller  political  divisions  into  which 
counties  in  this  State  are  divided? 

11.  In  Los  Angeles  coimty  there  is  an  officer  known  as  the  pub- 
lio  defender,  whose  duty  is  to  defend  in  the  courts  all  persons  finan- 
cially unable  to  employ  an  attorney  and  who  are  charged  with  crime. 
Should  every  county  have  a  public  defender  as  one  of  its  officers? 

12.  Make  out  a  table  showing  the  titles  of  your  county  officers, 
their  names,  the  length  of  their  terms  of  office,  and  whether  they 
are  appointed  or  elected. 


Title? 

Name? 

Length  of 
Term? 

Appointed 
or  Elected? 

Salary? 

' 

Topics  foe  Special  Work 

1.  General  Characteristics  of  County  Grovernment; 

2.  The  County  Bond:  Fairlee,  75-94. 

3.  The  Sheriff:    Fairlee,  106-112. 

4.  The  County:  Beard,  639-648. 

5.  County  Government:  Munro,  546-559. 


Fairlee,  57-74. 


XXIV 

THE  TOWNSHIP 

{For  Students  in  States  Having  Townships) 

We  learned  in  the  preceding  chapter  that  in  the  Middle  States  and 
in  most  of  the  States  of  the  West  the  county  shares  the  business  of 
local  government  with  a  minor  civil  division  known  as  the  town- 
ship.i  States  that  have  townships  contain  more  than  half  of  the 
entire  population  of  the  nation.  Students  living  in  one  of  these 
States  ought  to  make  a  careful  study  of  the  subject  of  township  gov- 
ernment. 

The  Two  Types  of  the  County-Township  System.     The 

presence  of  townships  in  the  county  results  in  a  com- 
promise system  of  local  government  often  called  the  county- 
township  system.  Under  this  system  the  county  govern- 
ment attends  to  those  affairs  that  interest  the  whole  body 
of  the  people  of  the  county,  while  the  township  attends 
to  the  affairs  of  a  small  area,  its  function  beings  to  provide 
a  government  for  a  neighborhood. 

County-township  government  has  had  two  sources,  and 
has  developed  into  two  distinct  types — the  New  York  type 
and  the  Pennsylvania  type.  In  New  York,  as  in  New  Eng- 
land, small  self-governing  communities  known  as  towns 
(townships)  appeared  at  a  very  early  date  in  the  history 
of  the  colony.  These  towns  had  their  town-meetings  and 
elected  a  set  of  officers,  but  their  powers  were  not  so  great 
as  those  of  the  New  England  town.  In  1703  the  assembly 
of  New  York  passed  a  law  that  has  had  far-reaching  in- 
fluence upon  local  government  in  the  United  States.  This 
law  provided  for  the  annual  flection  by  each  township  of 
an  officer  to  be  known  as  the  supervisor  of  the  township, 

1  In  Delaware  this  division  is  known  as  the  hundred. 

189 


190  THE  AMERICAN  DEMOCRACY 

and  further  provided  that  the  supervisors  of  the  several 
townships  should  meet  at  the  county-seat  as  a  board  of 
county  supervisors  (p.  183).  Here  was  a  reproduction  of 
the  old  hundred-village  system  of  early  England,  in  which 
the  representatives  of  the  village  met  in  shire  moot  (p.  18). 

Following  this  law  of  1703,  there  have  been  evolved  in 
New  York  (and  in  some  counties  of  New  Jersey)  strongly 
democratic  local  governments  of  small  area,  classed  as  town- 
ships, and  along  with  these  a  strong  county  government, 
whose  chief  administrative  body — the  board  of  county 
supervisors — consists  of  representatives  of  townships.  Vil- 
lages and  the  wards  of  cities  are  also  represented  on  the 
board  of  county  supervisors.  This  type  of  the  county- 
township  system,  known  as  the  supervisor  plan,  has  served 
as  the  pattern  for  local  government  in  those  new  States 
that  were  settled  largely  by  emigrants  from  New  York. 
This  is  true  of  Michigan,  Illinois,  and  Wisconsin. 

In  the  early  days  of  Pennsylvania  the  prevailing  form 
of  local  government  was  the  county  organized  on  the  Vir- 
ginia plan.  Gradually  the  officers  of  the  county  came  to 
be  elected  by  the  people,  and  when  the  township  made  its 
appearance  the  county  was  too  strong  to  suffer  encroach- 
ments upon  its  organization.  It  retained  its  board  of 
county  commissioners  elected  by  the  people  of  the  county. 
The  people  of  the  townships  in  Pennsylvania  did  not 
hold  their  annual  town-meetings  and  participate  directly  in 
the  management  of  their  local  affairs,  as  in  New  York ;  they 
elected  their  local  officers  annually,  and  with  the  act  of 
election  their  power  was  at  an  end.  In  other  words,  the 
township  in  Pennsylvania  was  a  representative  govern- 
ment. 

The  county-township  system  of  Pennsylvania  naturally 
spread  to  Ohio,  and  thence  to  Indiana.  Later  it  was 
adopted  by  Iowa,  Kansas,  Missouri,  Nebraska,  North  Da- 
kota, South  Dakota,  Minnesota  and  Oklahoma. 

Local  government  in  Illinois  has  had  an  instructive  ex- 
perience.   When  this  State  was  admitted  into  the  Union 


THE  TOWNSHIP 


191 


its  people  were  largely  of  Southern  origin,  and  consequently 
local  government  of  the  pure  county  type  was  established. 
As  time  went  on,  the  northern  part  of  the  State  filled  up 
with  people  from  the  North.  These  desired  the  county- 
township  plan,  and  in  1848  the  new  constitution  gave  the 
people  of  the  county  the  right  to  determine  whether  they 


PICKAWAY  CO. 

MAP    OF   A   COUNTY,    SHOWING   TOWNSHIPS   AND   VILLAGES 

wished  townships  or  not.  Taking  advantage  of  this  right, 
more  than  five  sixths  of  the  counties  of  Illinois  have  de- 
cided for  townships  and  are  now  under  the  county-township 
system. 

Michigan  furnishes  another  excellent  illustration  of  how 
the  character  and  habits  of  the  people  influence  the  form 
of  government.     In  Michigan,  at  first,  the  county-township 


192  THE  AMERICAN  DEMOCRACY 

system  of  the  Pennsylvania  kind  was  established;  but  as 
emigrants  from  New  York  and  New  England  moved  into 
the  State  and  changed  the  character  of  the  population,  the 
people  became  more  and  more  dissatisfied  with  their  local 
government,  and  finally  changed  it  to  the  supervisor  or 
New  York  plan.  Such  experiences  teach  that  local  gov- 
ernment must  above  all  things  be  acceptable  to  the  people 
who  are  immediately  affected  by  it  and  who  must  person- 
ally conduct  it. 

Powers  of  the  Township.  Why  have  so  many  States  found 
it  desirable  to  erect  within  the  county  another  fully  or- 
ganized government?  Because  the  township  has  been 
found  to  be  an  institution  of  great  convenience.  For  a 
sparsely  settled  society  the  county  is,  perhaps,  the  only 
practicable  form  of  government ;  but  as  population  increases 
the  needs  of  the  neighborhood  multiply,  and  many  of  these 
needs  are  such  as  can  be  attended  to  by  the  people  directly 
interested  if  they  have  the  power  granted  to  them.  It  is 
not  necessary  to  travel  twenty  miles  to  the  county-seat  to 
see  an  officer  about  the  repair  of  a  washout  in  a  road,  or 
about  the  purchase  of  a  stove  for  a  school-house,  when  we 
can  have  a  government  near  at  hand  to  attend  to  such 
things.  The  township  has  been  introduced  as  an  agency  by 
which  the  needs  of  the  immediate  locality  may  be  attended 
to. 

Especially  has  the  public  school  been  a  factor  in  the  de- 
velopment of  the  township  system.  Local  government  in 
the  South  developed  around  a  court-house;  in  New 
England,  around  a  church;  in  the  Middle  States  and  in 
the  West,  around  a  school-house.  Then,  too,  the  care  of 
the  roads  and  the  support  of  the  poor  are  services  that  in 
many  cases  may  most  conveniently  be  rendered  by  the  gov- 
ernment of  the  neighborhood. 

The  powers  of  the  township  vary  slightly  in  the  differ- 
ent States;  but,  as  a  rule,  where  the  county-township  sys- 
tem prevails  the  township  (1)  supports  the  public  schools, 


THE  TOWNSHIP  193 

(2)  cares  for  the  roads,  and  (3)  helps  the  poor,  leaving 
other  matters  of  local  government  to  the  county.  The  taxes 
Tiecessary  for  doing  these  things  are  usually  levied  and  col- 
lected by  township  authority. 

Organization  of  the  Township.  The  names  of  the  officers 
of  the  township  are  not  the  same  in  all  the  States,  but  its 
organization  is  practically  the  same  and  may  be  indicated 
as  follows : 

(1)  The  Supervisors  (sometimes  called  Trustees)  resem- 
ble the  selectmen  of  the  New  England  town,  only  their 
powers  are  not  so  great.  Their  duty  is  to  take  care  of  the 
roads  and  bridges,  erect  and  keep  in  repair  guide-posts 
and  watering-troughs,  and  plant  shade-trees  along  the  road- 
side. They  may  build  and  keep  in  repair  a  town-house, 
in  which  elections  may  be  held  and  officers  of  the  town  may 
transact  the  public  business. 

(2)  School  Directors  or  School  Trustees  have  control  of 
the  public  schools  within  the  township.  In  some  States 
the  directors  of  all  the  townships  in  a  county  meet  every 
second  or  third  year  and  elect  a  superintendent  of  schools 
for  the  county;  in  other  States  the  township  supervisors 
or  trustees  are  also  the  school  directors. 

(3)  The  Township  Clerk  keeps  the  records  and  accounts 
of  the  township. 

(4)  Assessors. 

(5)  Tax  Collector. 

(6)  Auditors.  These  officers  examine  the  accounts  of 
the  township  to  see  that  all  money  has  been  properly  and 
honestly  expended. 

(7)  Justice  of  the  Peace. 

(8)  Constable. 

(9)  Overseers  of  the  Poor. 

(10)  Election  Officers. 

The  Township  a  School  for  Good  Citizenship.  When  we 
consider  that  in  some  of  the  States  there  are  as  many  as 


194  THE  AMERICAN  DEMOCRACY 

fifteen  hundred  townships,  officered  perhaps  by  fifteen  thou- 
sand citizens,  we  see  how  great  is  the  influence  of  the  little 
local  governments  upon  the  civic  life  of  the  State.  Like 
the  New  England  town,  the  township  is  the  training-school 
where  citizens  learn  the  principles  of  civil  liberty  and  the 
art  of  self-government.  Thus,  while  it  might  be  possible 
to  dispense  with  the  township,  to  do  so  would  be  to  incur 
a  heavy  political  loss.  There  is  no  likelihood,  however,  that 
this  valuable  institution  will  decay.  As  the  rural  popula- 
tion in  a  State  becomes  denser  the  necessity  of  a  govern- 
ment of  smaller  area  than  the  county  will  always  be  keenly 
felt,  and  sooner  or  later  such  a  government  will  be  estab- 
lished. Among  the  various  types  that  may  be  selected  the 
township  bids  fair  to  remain  the  favorite.  A  high  author- 
ity says:  "The  Western  method  of  local  government  (the 
county-township  system)  for  simplicity,  symmetry,  flexi- 
bility, and  administrative  efficiency  is  superior  to  any  other 
system  which  the  Teuton  mind  has  yet  produced. '^  {How- 
ard.) 

Questions  on  the  Text 

1.  What  is  meant  by  the  county- township  system? 

2.  Name  the  two  types  of  the  county-township  system  and  de- 
scribe each. 

3.  Name  the  States  that  have  the  New  York  type  of  the  county- 
township  system;  the  States  that  have  the  Pennsylvania  type. 

4.  Give  an  account  of  the  development  of  local  government  in 
Illinois;  in  Michigan. 

5.  What  are  the  usual  functions  of  the  township? 

6.  Name  the  typical  township  officers  and  state  the  duties  of  each. 

7.  Describe  the  effect  that  township  government  has  upon  civic 
life. 

Suggestive  Questions  and  Exercises 
{For  Students  where  the  County -Townships  System  prevails) 

1.  What  is  said  in  the  constitution  of  this  State  concerning  the 
organization  and  powers  of  townships? 

2.  Name  the  officers  of  this  township.     What  are  the  duties  of 
each  of  these  officers?     For  what  length  of  term  does  each  one  serve? 

3.  Do  townships  of  this  State  belong  to  the  Pennsylvania  or  to 
the  New  York  type? 

4.  What    functions   does    the   township   in   this    State   perform? 
Would  it  be  wise  to  give  it  more  power?     Why? 


THE  TOWNSHIP 


195 


5.  How  many  townships  are  there  in  this  county?  Name  them. 
Bound  the  one  in  which  you  live. 

6.  Are  there  any  villages  or  towns  within  this  township?  If  any, 
how  are  they  governed? 

7.  Compare  the  merits  of  the  supervisor  plan  with  those  of  the 
commissioner  plan. 

8.  Are  the  people  of  this  township  proud  of  the  manner  in  which 
local  affairs  are  conducted?     If  so,  why?     If  not,  why  not? 

9.  Compute  the  number  of  township  officers  in  this  county. 
Estimate  the  number  of  such  offices  in  the  entire  State.  Describe  the 
effect  that  would  be  produced  upon  the  citizenship  of  the  State  if  the 
township  government  were  abolished. 

10.  Is  a  love  of  locality  inconsistent  with  love  of  country? 

11.  Make  out  a  table  showing  the  titles  of  your  township  officers, 
the  length  of  their  terms  of  office,  whether  they  are  appointed  or 
elected,  and  the  salary  or  compensation  they  receive: 


Title? 


Name' 


Length  of 
Term? 


Appointed 
or  Elected? 


Salary  or 
Compen- 
sation ? 


Topics  fob  Special  Work 

1.  Townships  in  the  Central  States:  Fairlee,  164-185. 

2.  Township  Government:  Beard,  651-653. 


XXV 

THE  TOWN 

{For  Students  in  New  England) 

We  have  learned  (p.  182)  that,  in  New  England,  outside  of  the 
municipalities  the  town  performs  most  of  the  services  of  local  gov- 
ernment. Since  this  is  so,  it  is  highly  important  that  New  England 
students  should  learn  the  essential  facts  of  town  government. 

Origin  and  Character  of  the  Early  New  England  Town. 

At  the  time  when  the  planters  of  Virginia  were  organizing 
newly  settled  communities  into  counties,  the  colonists  of 
New  England  were  developing  a  system  of  local  govern- 
ment that  differed  widely  in  form  and  spirit  from  the 
Southern  type.  The  English  shire,  which  served  for  the 
model  for  the  Virginia  county,  did  not  suit  the  conditions 
of  the  earliest  Puritan  settlements.  The  tillable  land  of 
the  New  England  country  was  divided  by  nature  into  small 
areas  marked  off  by  bold  hills  and  troublesome  streams; 
the  settlements  were  constantly  harassed  by  Indians;  the 
settlers  themselves  were  bound  together  by  personal  as  well 
as  social  and  religious  experiences.  These  circumstances 
led  the  Puritans  to  build  their  houses  as  close  together 
as  possible,  and  to  settle  in  compact  villages  rather  than  to 
spread  out  on  large  plantations. 

The  form  of  government  adopted  for  these  thickly  settled 
communities  was  one  that  had  almost  perished  from  the 
earth.  The  old  town-  {tun)  or  village-meeting  (p.  18), 
which  the  Anglo-Saxons  had  brought  with  them  to  England 
a  thousand  years  before,  and  which  had  been  so  changed  by 
the  influences  of  feudalism  that  it  was  no  longer  recog- 
nizable, was  revived,  unconsciously  perhaps,  in  its  ancient 

196 


THE  TOWN  197 

form  and  vigor,  and  the  town  instead  of  the  county  was 
established. 

The  early  New  England  town  was  a  pure  democracy,  in 
which  all  the  male  adult  inhabitants  who  attended  church 
— and  everybody  was  required  by  law  to  attend  church — 
participated  in  the  management  of  public  affairs.  The 
town,  therefore,  was  a  strong  contrast  to  the  Virginia 
county,  which  was  for  a  long  time  a  close  corporation,^  and 
was  practically  an  aristocracy  of  large  land-holders. 

The  deep  religious  nature  of  the  Puritans  affected  their 
civil  institutions,  and  for  a  long  time  their  religion  and 
politics  were  completely  blended.  Political  life  in  Vir- 
ginia centered  around  the  county  court-house;  in  New 
England  it  centered  around  the  church  or  meeting-house, 
which  was  situated  in  the  center  of  the  town.  A  glance 
at  the  proceedings  of  one  of  the  early  town-meetings  will 
illustrate  how  intimately  civil  and  religious  matters  were 
mingled.  Thus  the  people  of  Dorchester,  Massachusetts, 
in  town-meeting  assembled,  in  1666  voted  that  the  '* men's 
seats  in  the  body  of  the  meeting-house  be  enlarged  to  the 
women's  seats,  and  that  the  space  between  Judge  Jami- 
son's heirs  and  Lieut.  Steam's  pew  be  divided  and  added 
to  their  pews,  they  consenting,  and  that  the  doors  to  their 
pews  be  made  to  come  out  into  the  hind  alley,  and  that 
men  and  w^omen  be  placed  in  each  of  these  pews  by  the 
committee  for  seating  the  meeting-house."  In  these  days 
this  would  seem  to  be  strange  business  for  government  to  be 
engaged  in,  but  we  must  remember  that  church  and  state 
were  as  yet  united  in  all  parts  of  the  world,  although 
Rhode  Island,  under  the  leadership  of  Roger  Williams,  was 
making  efforts  about  this  time  to  separate  them. 

The  town  was  chosen  as  an  agency  for  local  govern- 
ment throughout  New  England,  and  under  its  stimulating 
and  healthful  influence  there  was  developed  a  citizenship 
that  has  received  the  admiration  of  the  world.     The  re- 

1 A  close  coruoration  is  one  in  which  vacancies  are  filled  by  the  votes  of 
the  members  of  the  corporation. 


198  THE  AMERICAN  DEMOCRACY 

ligious  features  of  the  town  organization  and  control  have 
disappeared;  church  membership  is  no  longer  a  qualifica- 
tion for  voting;  citizens  are  no  longer  compelled  to  attend 
divine  worship ;  the  church  and  the  minister  are  no  longer 
supported  by  the  public  money.  Excepting  the  fact  that 
it  is  no  longer  concerned  with  matters  of  religion,  the 
New  England  town  of  to-day  remains  in  outward  form,  at 
least,  what  it  was  in  the  early  days. 

The  Town-Meeting.  The  central  fact  of  local  government 
in  New  England  is  the  town-meeting,  the  old  village  moot 
or  tungemot  of  the  Saxons.  Once  a  year  the  qualified 
voters  of  the  town  meet  together  to  discuss  measures  re- 
lating to  town  affairs  and  to  take  action  thereon.  The  meet- 
ing is  no  longer  held  in  church,  but  in  the  town  house  or 
town  hall.  When  the  people  have  assembled,  the  town 
clerk  calls  them  to  order,  and  states  the  purpose  for  which 
the  meeting  is  called.  A  moderator  is  then  chosen  to  pre- 
side over  the  meeting,  and  business  proceeds  according  to 
parliamentary  rules. 

In  a  town-meeting  we  see  democracy  in  its  purest  form. 
Instead  of  sending  men  to  conduct  affairs  for  them,  as  in 
a  representative  government,  the  people  are  there  in  person. 
Young  and  old,  rich  and  poor,  take  part  in  the  proceedings, 
and  any  citizen  present  may  exert  the  full  force  of  his 
character  and  influence.  Every  measure  that  is  brought 
before  the  meeting  is  discussed  and  criticized.  Those  in 
favor  of  the  measure  state  their  argument  for  it ;  those  op- 
posed to  it  state  their  objections.  When  the  discussion  is 
at  an  end  a  vote  is  taken,  and,  whatever  the  results  may 
be,  all  pre>sent  feel  that  the  will  of  the  people  has  been  ex- 
pressed. Thus  the  town-meeting  settles  all  matters  relat- 
ing to  the  public  affairs  of  the  town.  The  most  important 
things  done  are  these : 

(1)  The  rate  of  taxation  is  fixed.  Money  is  appropriated 
for  the  schools,  for  the  care  of  the  roads,  for  the  support 


THE  TOWN  199 

of  the  poor,  for  the  salaries  of  officers,  and  for  other  neces- 
sary expenses. 

(2)  By-laws  are  passed  for  the  regulation  of  local  mat- 
ters. The  word  hy  originally  meant  town;  hence  a  by-law 
is  a  town  law.  A  law  passed  in  town-meeting  forbidding 
the  use  of  the  sidewalks  of  the  town  for  bicycling  is  an 
example  of  a  by-law. 

(3)  Town  officers  are  elected.  It  would  be  impossible 
for  all  the  people  of  a  town  to  meet  together  every  day  for 
the  transaction  of  public  business.  For  this  reason,  at  the 
annual  town-meeting  officers  are  elected  to  manage  the  af- 
fairs of  the  town  in  the  name  of  the  people  for  one  year. 

Town  Officers : 

(1)  Selectmen.  The  general  management  of  town  af- 
fairs during  the  year  is  placed  in  the  hands  of  three  or 
five  or  seven  or  nine  citizens,  called  selectmen.  These 
officers  carry  into  effect  the  measures  passed  at  the  town- 
meeting.  They  supervise  the  laying  out  of  roads;  they 
grant  licenses ;  they  care  for  the  poor ;  they  take  measures 
to  abate  nuisances,  check  the  advance  of  contagious  dis- 
ease, and  otherwise  preserve  the  health  of  the  town;  they 
listen  to  complaints  against  the  management  of  town  af- 
fairs; they  represent  the  town  in  court  when  it  is  sued; 
they  make  out  the  warrant  when  a  special  town-meeting 
is  to  be  called.  The  town-meeting  is  the  legislature  of 
the  town,  and  the  selectmen  are  its  chief  executive  officers. 

(2)  The  Town  Clerk.  This  officer  has  numerous  duties. 
We  have  seen  that  it  is  he  who  calls  the  town-meeting  to 
order.  He  must  always  be  present  at  a  town-meeting  and 
keep  a  record  of  the  proceedings.  In  addition  to  this,  he 
keeps  a  record  of  the  births,  marriages,  and  deaths  in  the 
town,  and  grants  certificates  to  those  wishing  to  marry. 
In  fact,  most  matters  of  town  record  are  in  his  keeping, 
including  sometimes  the  recording  of  deeds  and  convey- 
ances. 


200  THE  AMERICAN  DEMOCBACY 

(3)  Tax  Assessors. 

(4)  Tax  Collectors, 

(5)  The  Town  Treasurer. 

(6)  Overseers  of  the  Poor.  These  officers  have  charge 
of  the  town  alms-house  and  give  relief  to  the  deserving 
poor. 

(7)  The  School  Committee  or  Board  of  Education. 
(School  affairs  are  usually  attended  to  by  a  committee  or 
board  elected  at  a  separate  school  election.) 

(8)  Constables.  These  are  peace  officers,  and  every  town 
has  one  or  more  of  them.  They  arrest  for  crime,  and  assist 
the  selectmen  in  executing  the  law. 

(9)  Surveyors  of  Highways.  These  officers  inspect  roads 
and  bridges  and  are  responsible  for  keeping  them  in  repair. 

(10)  Fence  Viewers.  These  officers  settle  disputes  that 
may  arise  between  neighbors  about  partition  fences  or 
walls. 

(11)  Field  Drivers.  When  cows  or  horses  or  other  ani- 
mals are  found  wandering  about  the  town,  the  field  driver 
puts  them  into  a  pound  and  keeps  them  until  their  right- 
ful owner  is  found. 

This  list  of  officers  is  not  complete ;  yet  it  is  long  enough 
to  show  that  a  great  many  people  take  part  in  the  gov- 
ernment of  a  town.  It  is  quite  possible  that  there  are  New 
England  towns  in  which  there  is  not  one  intelligent  citizen 
of  advanced  years  who  has  not  at  some  time  in  his  life  held 
public  office.  It  is  this  general  participation  in  the  business 
of  government  that  makes  the  people  of  New  England  such 
a  wide-awake  and  progressive  body  of  citizens. 

The  Town  as  a  Factor  in  the  Civic  Life  of  New  England. 

It  is  difficult  for  one  not  residing  in  New  England  to  under- 
stand how  powerfully  its  system  of  local  government  in- 
fluences its  civic  life.  Every  voter  of  a  town  is  a  law- 
maker, and  almost  every  one  either  has  been,  is,  or  very 
reasonably  expects  to  be  a  town  officer  of  some  kind. 
This  direct  contact  with  government  keeps  public  spiri: 


THE  TOWN  201 

keyed  up  to  a  high  pitch.  If  the  town  affairs  during  the 
year  are  managed  unwisely  or  corruptly,  there  is  sure 
to  be  a  speedy  exposure  in  town-meeting  by  merciless 
critics.  If  improvements  are  needed,  or  if  the  town  lags 
behind  its  neighbors  in  progressiveness,  the  discussions  in 
the  folkmoot  are  sure  to  be  directed  toward  a  remedy, 
and  when  a  remedy  is  found  it  usually  proves  to  be  wise 
and  effective.  The  keen,  vigilant  citizenship  fostered  by 
these  little  New  England  democracies  awakened  the  ad- 
miration of  Thomas  Jefferson  and  led  him  to  pronounce 
them  to  be  the  ''wisest  invention  ever  devised  by  the  wit 
of  men  for  the  perfect  exercise  of  self-government  and  for 
its  preservation." 

Town  Government  Outside  of  New  England.  In  those 
Western  States  that  were  settled  largely  by  emigrants 
from  New  England,  local  government  is  modeled  to  some 
degree  on  the  plan  of  the  New  England  town.  This  is  es- 
pecially true  of  Michigan,  Illinois,  Wisconsin,  Minnesota, 
North  Dakota,  South  Dakota,  and  Nebraska.  In  Michigan 
the  voters  of  the  townships,  after  electing  the  local  officers, 
assemble  in  town-meeting,  and,  after  voting  the  taxes  for 
township  purposes,  make  regulations  concerning  such  mat- 
ters as  the  licensing  of  dogs,  the  vaccination  of  children, 
and  the  purchase  of  books  for  the  library.  In  certain  parts 
of  Illinois,  also,  the  voters  hold  a  town-meeting  after  the 
election  of  officers  has  been  held. 

The  town-meetings  of  the  Western  States  may  resemble 
the  New  England  town-meeting  in  form,  but  they  lack  the 
spirit  of  the  original  type.  It  is  doubtful  whether  an  in- 
stitution like  the  New  England  town  can  be  successfully 
transplanted.  Certainly  the  efforts  that  have  been  made 
to  establish  local  governments  in  the  West  after  the  New 
England  pattern  have  not  been  attended  with  marked  suc- 
cess. Local  government  in  the  West  has  been  strongly  in- 
fluenced by  New  England  ideas,  but  town  government  in 
its  pure  form  has  never  flourished  outside  of  New  England. 


202  THE  AMEEICAN  DEMOCRACY, 

Questions  on  the  Text 

1.  What  circumstances  led  the  Puritan  settlers  to  choose  a  form 
of  local  government  different  frcn  that  chosen  by  the  Virginians? 

2.  Describe  the  early  New  England  town. 

3.  Illustrate  how  the  affairs  of  church  and  state  were  blended  in 
the  early  days  of  New  England  history. 

4.  Describe  a  New  England  town-meeting. 

5.  What  are  the  powers  of  a  New  England  town? 

6.  Name  the  officers  of  the  New  England  town  and  state  their 
duties. 

7.  What  influence  does  town  government  have  upon  civic  life  in 
New  England? 

8.  To  what  extent  has  town  government  of  the  New  England  type 
been  adopted  in  other  States? 

Suggestive  Questions  and  Exercises 
{For  Students  in  New  England) 

1.  Examine  the  constitution  of  your  State  for  provisions  respect- 
ing the  government  of  towns  and  state  these  provisions. 

2.  Of  the  services  of  local  government  mentioned  on  page  62, 
which  are  performed  by  your  town  government? 

3.  Bound  the  town  in  which  you  live  and  tell  when  it  was  organ- 
ized. Name  all  the  towns  in  the  county  in  which  you  live.  Have 
these  names  historical  interest?  Name  the  boroughs  or  cities,  if  any, 
located  within  the  borders  of  your  town. 

4.  Make  out  a  list  of  the  officers  of  your  town.  Which  one  of 
these  plays  a  most  important  part  in  town  government?  (Elect  a 
committee  to  wait  upon  some  town  officer  and  invite  him  to  give  the 
class  a  talk  upon  town  government.) 

5.  How  may  a  special  town-meeting  be  called? 

6.  What  influences  are  at  work  to  make  town  government  a  less 
important  feature  of  New  England  life  than  it  has  been  in  the  past? 

7.  How  many  representatives  has  your  town  in  the  legislature? 
Has  this  apportionment  been  made  according  to  the  population  of 
the  town? 

8.  Is  the  town-meeting  a  legislative  or  an  executive  body? 

9.  Are  women  and  children  represented  in  town  government? 

10.  In  what  matters  does  the  government  of  your  town  excel?  In 
what  respect  is  your  town  excelled  by  its  neighbors? 

11.  How  many  towns  are  there  in  this  State?  What  is  the  popu- 
lation of  the  largest  town?  of  the  smallest  town?  Is  the  largest  too 
large  for  a  pure  democracy?  Is  the  smallest  too  small  for  self-gov- 
ernment ? 

Topics  fob  Special  Wobk 

1.  New  England  Towns:   Fairlee,  141-146;  Beard,  649-651. 

2.  The  Town  Meeting:   Fairlee,  147-163;  Munro,  562-563. 

3.  The  Character  of  Town  Government  in  New  England:  Munro, 

563-567. 


XXVI 

MUNICIPALITIES 

Thus  far  we  have  described  those  forms  of  local  government  that 
are  most  efficient  when  ministering  to  the  needs  of  rural  or  sparsely 
settled  communities.  But  more  than  half  of  our  people  dwell  in 
thickly  settled  communities,  in  villages  and  towns  i  and  cities,  which 
are  organized  as  municipalities  (p.  64),  In  this  chapter  we  shall 
learn  of  the  different  kinds  of  municipalities  and  of  the  different 
forms  of  municipal  organization. 

Necessity  for  Municipal  Organization.  It  is  plain  that  a 
large  number  of  people  living  closely  together,  say  a  thou- 
sand persons  upon  a  square  mile  of  territory,  have  special 
needs  and,  therefore,  should  have  a  government  with  special 
powers.  Such  a  densely  settled  community  needs  street 
lights,  side-walks,  sewers,  water-works,  fire  engines,  and 
the  government  of  the  township  or  county  or  town  within 
which  it  is  located  can  not  furnish  these  things  conveniently. 
It  also  needs  special  officers  of  government  clothed  with 
special  powers.  As  long  as  it  is  governed  precisely  as  the 
thinly  settled  region  around  it,  it  will  suffer.  Its  taxes 
will  be  greater  than  the  benefits  that  it  receives  in  return ; 
its  citizens  will  often  act  without  regard  to  the  public 
welfare  or  comfort;  its  sidewalks  will  be  unpaved,  its 
streets  will  be  unlighted;  in  it  offenses  against  the  health 
and  the  peace  and  the  good  order  of  the  community  will  be 
committed,  and  there  will  be  neither  law  nor  officers  to 
hinder.  The  State,  as  we  have  seen,  comes  to  the  relief  of 
such  a  community  and  confers  upon  it  the  privilege  of  a 
municipal  corporation. 

1  The  word  town  is  frequently  used  to  denote  simply  a  collection  of  houses, 
and  in  this  sense  it  is  used  here.  The  New  England  town  is  sometimes  a 
purely  agricultural  area  without  so  much  as  a  considerable  cluster  of  houses 
within  its  borders. 

203 


204  THE  AMEEICAN  DEMOCRACY 

Two  Classes  of  Municipalities.  Municipal  corporations, 
for  convenience  of  treatment,  may  be  divided  into  two 
classes.  In  the  first  class  may  be  included  all  those 
chartered  communities  that  have  a  simple  form  of  or- 
ganization, limited  local  powers,  and  a  small  population, 
although  population  of  itself  is  an  untrustworthy  guide  for 
their  classification.  Such  communities  bear  different  names 
in  different  parts  of  the  country,  being  called  boroughs  in 
some  States,  and  towns  or  villages  in  others. 

The  second  class  of  municipalities  is  the  cities,  A  city 
is  almost  always  an  enlarged  town  or  village,  and  in  out- 
ward appearance  it  is  sometimes  difficult  to  distinguish  a 
small  city  from  a  large  town,  although  between  the  govern- 
ments of  the  two  there  is  a  sharp  difference.  The  govern- 
ment of  the  city  is  more  complex  than  that  of  the  town; 
its  powers  are  greater,  its  officers  are  more  numerous,  and 
its  local  independence  is  more  clearly  defined.  At  what 
point  in  its  growth  a  town  or  village  shall  cast  off  its 
simple  organization  and  assume  the  dignity  of  cityhood  de^ 
pends  upon  State  law.  In  some  States  a  place  must  have 
ten  thousand  or  more  inhabitants  before  it  is  entitled  to  the 
privileges  of  a  city,  while  in  other  States  we  find  cities  with 
fewer  than  three  thousand  inhabitants. 

Villages,  Boroughs,  Towns.  It  is  customary  to  give  a  com- 
munity a  municipal  charter  whenever  its  population  be- 
comes large  enough  and  dense  enough  to  justify  a  separate 
organization.  In  some  States,  when  a  district  of  less  than 
a  square  mile  in  extent  comes  to  have  as  many  as  three 
hundred  inhabitants,  it  is  entitled  under  a  general  law  to 
a  village  or  town  charter,  and  this  it  usually  obtains  from 
a  judge  of  a  court  or  from  some  other  designated  officer. 
In  a  few  States,  however,  there  are  no  general  laws  in 
reference  to  municipal  corporations,  and  in  these  the  legis- 
lature grants  special  charters  giving  to  each  municipality 
such  a  charter  as  it  (the  legislature)  thinks  it  ought  to 
have. 


VOTERS  OF  THE  CITY 


MUN  I  CI  PAU 
COURT 


BUREAU  OF  STATISTICS 
ANDiMUNIClPAL 
RLFERENCE  LIBRARY 


M  U  N  1  C  I  PA  L. 
TUBE.RCUl.OS  IS 
SAN  I  TAR  I  U  M 
3  OIKICTORS     NO  5AIAR.  Y 


SPECIAL 
COMMISSIONS 


BOARD  OF  ELECTION 

conmssioNE-RS 

(3) 

APPOINTE-O    BY 
COUNTY  JUDGE 


Li  BRARV 

BOARD 

9  DIRECTORS  NOSALARi 


BOARD   OF 
EDUCATION 
11HEMBER5   NO  SALARY 


CITY    DEPARTMENTS 


DEPARTMENT 
OF  LAW 


DEPARTMENT 
OF  FINANCE 


FIRE 

DEPARTMENT 


DEPARTMENT 
OF  POLICE 


CIVIL. 

SERVICE 

COMMISSION 


DEPARTMEINT 
OF  BOILER 
INSPECTION 


D£PARTM£NT 
OF  WEIGHTS  AND 
MEASURES 


DEPARTMENT 

OF  PUBLIC 

SERVICE 


DEPARTMENT 
OF  BUILDINGS 


DEPARTMENT 
OF  SUPPLIES 


CITY 
PHY5ICIAN 


DEPARTMENT 
OF  HEALTH 


DEPARTMENT 

OF 
PUBLIC  WORKS 


DEPARTMENT 
OF  GAS  AND 
ELECTRICITY 


BOARD  OF 
EXAMIN  ING 
ENGINEERS 


BOARD   OF 

LOCAL 

IMPROVEMENTS 


HOUSE   OF 
CORRECTION 


CITV 
MARKETS 


INSPECTOR 
OF  OILS 


o 


—  KlEY  — 
n  rrru/r  rMTciriAK:   I  I    DEPARTMENTS    OR 

ELECTIVE  OFFICIALS  j |   appointive  officials 

COUNCIL  PLAN 

CHICAGO,  ILLINOIS 


205 


206  THE  AMERICAN  DEMOCRACY 

The  organization  and  powers  of  a  village  (or  town  or 
borough)  do  not  differ  widely  in  the  different  States. 
Most  of  the  officers  are  elected  by  the  voters  of  the  village. 
The  governing  body  consists  of  a  president  or  mayor  or 
chief  burgess  and  a  body  of  three  or  more  trustees  or 
burgesses  or  commissioners.  In  addition  to  these,  there  is 
always  a  clerk,  and  frequently  a  treasurer,  a  tax  collector, 
a  constable,  a  justice  of  the  peace,  and  a  board  of  street 
commissioners.  The  village  government  usually  renders 
the  following  services : 

(1)  It  keeps  the  peace. 

(2)  It  holds  a  court  for  the  trial  of  minor  civil  and 
criminal  cases. 

(3)  It  keeps  the  streets  in  order  and  provides  good  side- 
walks. 

(4)  It  lights  the  streets. 

(5)  It  furnishes  a  supply  of  water. 

(6)  It  supports  the  public  schools. 

(7)  It  cares  for  the  public  health. 

(8)  It  purchases  apparatus  for  the  extinguishing  of 
fires. 

Organization  of  Cities.  Since  cities  are  organized  under 
State  authority,  as  we  pass  from  State  to  State  we  find 
great  differences  in  municipal  organization.  And  in  the 
same  State  there  are  great  differences,  for  sometimes  in 
the  same  State  it  is  impossible  to  find  two  cities  organized 
precisely  alike.  Still,  there  are  in  the  United  States  three 
weU  defined  types  of  city  government:  (1)  the  council 
system;  (2)  the  commission  system;  (3)  the  city  mana- 
ger system. 

I.  The  Council  System.  This  is  the  system  that  is  in 
operation  in  the  greatest  number  of  American  cities,  and 
that  conforms  most  nearly  to  the  American  doctrine  of  the 
separation  of  powers  (p.  24).  Under  the  council  system, 
power  is  divided  and  given  to  a  city  council  and  a  mayor, 
the  council  exercising  the  legislative  power  and  the  mayor 


THE  MUNICIPALITIES  207 

exercising  the  executive  power.  The  council  is  always  a 
representative  body,  its  members  being  in  most  cases 
elected  from  municipal  divisions  known  as  wards.  In 
nearly  every  city  the  council  is  a  unicameral  body.  The 
term  of  office  of  a  member  of  the  council  is  sometimes  as 
short  as  one  year;  very  often  it  is  two  years;  it  is  never 
longer  than  four  years. 

The  council  regulates  and  controls  the  almost  innumer- 
able activities  of  the  city  government.  It  provides  for 
police  protection,  for  the  extinguishing  of  fires,  for  the 
lighting,  cleaning,  and  paving  of  streets,  for  the  construc- 
tion of  sewerage  and  removal  of  garbage,  for  the  preserva- 
tion of  public  health,  for  the  support  of  schools.  As  the 
municipal  legislature  it  levies  the  taxes  necessary  to  meet 
the  expenses  of  the  city.  A  perusal  of  the  proceedings  of 
a  city  council,  as  reported  in  the  daily  newspapers,  will 
show  how  profoundly  its  laws,  called  ordinances,  affect  the 
health,  safety,  peace,  comfort,  prosperity,  intelligence,  and 
morality  of  the  city. 

In  cities  where  the  council  system  prevails  the  executive 
power  is  vested  in  a  mayor,  who  is  elected  by  the  voters  for 
a  term  varying  from  one  to  four  years.  The  powers  and 
duties  of  the  mayor  within  the  city  are  comparable  to  those 
of  the  governor  within  the  State.  The  chief  duty  of  the 
mayor  is  to  carry  into  effect  the  laws  and  ordinances  affect- 
ing the  municipality.  Associated  with  the  mayor  in  the 
executive  branch  of  a  large  city,  there  are  numerous  heads 
of  departments  and  boards.  Some  of  these  are  elected  by 
the  people,  others  are  appointed  by  the  mayor;  in  a  few 
States  some  of  them  (for  example,  the  police  and  health 
commissioners)  are  appointed  by  the  governor  or  by  the 
State  legislature.  Serving  under  these  chiefs  and  boards 
are  assistants  and  employees,  the  number  of  whom  in- 
creases with  the  size  of  the  city,  and  sometimes  consists 
of  many  thousands.  A  large,  well  organized  city  will  usually 
have  such  departments  and  boards  as  are  indicated  by 
the  following  outline: 


208  THE  AMERICAN  DEMOCRACY 

(1)  Department  of  Finance:  comptroller,  board  of  esti- 
mates, collector  of  taxes. 

(2)  Department  of  Law:  city  solicitor,  or  attorney. 

(3)  Department  of  Piihlic  Safety:  board  of  fire  commis- 
sioners, commissioner  of  health,  inspector  of  buildings,  com- 
missioner of  streets. 

(4)  Department  of  Public  Improvement :  city  engineer, 
water  board,  inspector  of  boilers. 

(5)  Department  of  Parks  and  Bquares:  board  of  park 
commissioners. 

(6)  Department  of  Education:  board  of  school  commis- 
sioners ;  superintendent  of  schools. 

(7)  Department  of  Charities  and  Correction:  trustees 
of  the  poor,  supervisors  of  city  charities. 

(8)  Department  of  Taxes  and  Assessments. 

(9)  Board  of  Police  Commissioners. 

(10)  Miscellaneous:  city  librarian,  superintendent  of 
lamps  and  lighting,  surveyor,  constables,  superintendent 
of  public  buildings,  public  printer. 

In  every  large  city  there  is  a  system  of  courts,  extending 
from  the  police  or  magistrate  or  municipal  court  up  to  the 
higher  courts ;  but  the  judges  of  these  courts,  although  they 
may  be  elected  by  the  people  of  the  city,  are  not  strictly 
officers  of  the  municipal  government.  Justice  being  ad- 
ministered in  the  name  of  the  State,  the  judicial  department 
of  a  city  is  merely  a  portion  of  the  State  judiciary  acting 
within  the  borders  of  the  city. 

II.  The  Commission  System.  At  the  opening  of  the 
twentieth  century  American  communities  developed  at  a 
very  rapid  rate  and  their  government  gave  rise  to  serious 
and  perplexing  problems.  In  fact,  there  was  so  much 
mismanagement  and  corruption  at  this  time  that  municipal 
government  was  becoming  a  national  shame  and  disgrace. 
So  there  was  a  widespread  movement  for  reform. 

One  of  the  most  popular  of  the  municipal  reforms  con- 
sisted in  doing  away  with  the  historic  council  system  just 
described,   and   establishing   in   its   place   the   commission 


VOTERS  OF  THE  CITY 

initiative:  reifeir&n  du  m 


RECALL- 


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COMMISSION  PLAN 

DES  MOINES,  IOWA 


209 


210  THE  AMERICAN  DEMOCRACY 

system.  The  commission  form  was  organized  in  Galveston 
after  the  great  inundation  of  1900.  Des  Moines  followed 
Galveston  in  adopting  the  commission  plan,  and  other 
cities  followed  in  rapid  succession. 

Where  the  commission  system  is  in  operation,  municipal 
power,  both  legislative  and  executive,  is  vested  in  a  single 
body,  usually  known  as  a  commission,  although  this  body 
is  sometimes  called  the  city  council.  Under  the  commis- 
sion system  the  governing  body  usually  consists  of  five  com- 
missioners (or  councilmen)  elected  by  the  voters  of  the 
city  at  large,  there  being  no  ward  lines  recognized  in  the 
selection  or  in  the  election  of  this  commission.  Party  lines 
as  well  as  ward  lines  are  disregarded  in  the  election  of  the 
commission,  for  candidates  are  nominated  without  the  aid 
of  party  machinery  and  the  election  is  conducted  without 
regard  to  partizan  results.  One  member  of  the  commis- 
sion is  the  mayor,  who  presides  at  the  meetings  of  the 
commission  (council),  but  who  has  no  power  to  veto  any 
measure.  The  commission  passes  the  ordinances  for  the 
government  and  administration  of  the  city,  and  also  car- 
ries the  ordinances  into  effect. 

The  executive  and  administrative  authority  and  duties 
are  distributed  among  several  departments.  These  de- 
partments are  usually  five  in  number  and  are  known  as 
(1)  the  department  of  public  affairs,  (2)  the  department 
of  accounts  and  finances,  (3)  the  department  of  public 
safety,  (4)  the  department  of  streets  and  public  improve- 
ments, and  (5)  the  department  of  parks  and  public  prop- 
erty. At  the  head  of  each  of  these  departments  is  placed 
one  of  the  members  of  the  commission,  who  is  the  super- 
intendent of  his  department  and  who  is  responsible  for 
its  workings.  The  mayor,  by  virtue  of  his  office,  is  the 
superintendent  of  the  department  of  public  affairs.  The 
superintendents  of  the  other  four  departments  are  desig- 
nated by  a  majority  vote  of  the  commission  itself.  City 
officers,  such  as  the  city  clerk,  the  solicitor,  the  assessor,  the 
treasurer,  and  the  like,  are  usually  appointed  by  the  com- 


MUNICIPALITIE  S  211 

mission,  although  in  some  cases  these  officers  are  elected. 

Thus  it  is  seen  that  under  the  commission  plan  very  great 
power  is  lodged  in  a  small  body  of  men.  But  the  com- 
mission (council)  is  not  likely  often  to  abuse  its  power,  for 
wherever  the  commission  system  has  been  installed  the  peo- 
ple have  usually  reserved  for  themselves  the  powers  re- 
siding in  the  initiative  and  referendum  and  in  the  recall 
(p.  158) .  Where  these  devices  are  in  operation  the  commis- 
sion is  held  directly  responsible  and  accountable  to  the 
electorate. 

Thus  it  is  seen  that  the  essential  characteristics  of  the 
commission  are  these:  (1)  It  concentrates  authority  by 
giving  power  to  a  small  body  of  officials;  (2)  it  provides  for 
the  election  of  the  commissioners  by  the  city  at  large  in- 
stead of  by  wards,  thus  giving  every  citizen  a  chance  to 
vote  for  the  most  desirable  candidates,  regardless  of  the 
section  of  the  city  in  which  they  reside;  (3)  it  tends  to  do 
away  with  partizanship  in  the  choice  of  commissioners; 
(4)  it  places  each  commissioner  in  charge  of  a  definite  de- 
partment and  makes  him  responsible  to  the  people  for 
its  management;  (5)  it  gives  the  people  an  opportunity  to 
bring  into  use  the  initiative  and  referendum  and  the  recall. 

The  commission  system  seems  to  have  justified  itself  by 
its  fruits.  It  has  recommended  itself  to  the  people  in  all 
parts  of  the  country,  and  the  cities  that  have  adopted  it 
have,  as  a  rule,  found  it  much  more  satisfactory  than  the 
old  council  system.  In  1920  more  than  four  hundred  cities 
were  governed  under  the  commission.  Among  these  were 
Buffalo,  Newark,  St.  Paul,  Portland  (Oregon),  Duluth, 
Spokane,  Tacoma,  Omaha,  Oakland,  Kansas  City  (Kansas), 
Louisville,  Lincoln,  Jersey  City,  Trenton,  Memphis,  Hous- 
ton, Birmingham,  Nashville,  Dallas,  Sioux  City,  Springfield 
(111.),  Superior,  New  Orleans,  Passaic,  Paterson,  Pueblo, 
Fort  Worth,  Harrisburg,  Hartford,  Knoxville,  Lowell,  Law- 
rence (Massachusetts),  Sacramento,  Erie,  Denver,  and  Salt 
Lake  City. 

III.     The  City  Manager  System.     This  is  a  modifica- 


212  THE  AMERICAN  DEMOCRACY 

tion,  or  rather  an  advanced  form,  of  the  commission  sys- 
tem. It  has  for  its  aim  a  greater  concentration  of  the 
executive  authority  than  that  provided  by  the  commis- 
sion plan.  Where  the  city  manager  plan  has  been  adopted, 
the  entire  administration  of  the  affairs  of  the  city  is  in- 
trusted to  a  single  executive  officer — the  city  manager — 
appointed  by  an  elective  commission  (or  council).  The 
power  of  the  city  manager  extends  to  the  appointment 
and  dismissal  of  most,  if  not  all,  of  the  city  officers  and  to 
all  of  the  employees  in  all  of  the  departments.  Under 
the  manager  plan  the  commission  is  a  purely  legislative 
body ;  the  commission  enacts  the  ordinances,  and  the  mana- 
ger enforces  them.  The  most  important  requirement  of 
the  system  is  that  the  manager  must  be  an  expert  in  muni- 
cipal affairs.  He  is  secured  from  any  place  in  which  he 
may  be  found,  and  is  employed  solely  because  of  his  effi- 
ciency as  a  city  executive. 

The  manager  plan  was  first  put  into  operation  in  1912 
in  the  little  city  of  Sumter,  South  Carolina.  The  next 
year,  after  the  great  flood  in  the  Miami  Valley,  the  city  of 
Dayton,  taking  advantage  of  the  ''home  rule"  feature  of 
the  Ohio  constitution  (p.  66),  framed  for  itself  a  charter 
providing  for  a  city  manager.  When  it  came  to  appoint 
the  manager,  it  selected  a  man  from  another  part  of  the 
country,  paying  him  a  handsome  salary.  City  after  city 
followed  the  example  of  Dayton,  and  by  1920  more  than 
one  hundred  and  seventy  municipalities  had  adopted  the 
city  manager  plan.  Among  these  were  Akron,  Ashtabula, 
Sandusky,  Springfield,  and  Xenia,  in  Ohio ;  Grand  Rapids, 
Jackson,  Muskegon,  Kalamazoo,  Alpena,  Cadillac  and  Man- 
istee in  Michigan ;  San  Jose,  San  Diego,  Bakersfield,  Santa 
Barbara  and  Alameda  in  California;  Wichita  and  El  Do- 
rado in  Kansas;  Wheeling  and  Charleston  in  West  Vir- 
ginia; Auburn,  Watertown  and  Niagara  Falls  City,  in  New 
York;  Lynchburg,  Norfolk  and  Roanoke,  in  Virginia;  Du- 
buque, Clarinda  and  Webster  City,  in  Iowa;  Boulder  and 
Durango,  in  Colorado;  and  Altoona,  in  Pennsylvania. 


VOTERS  OF  THE  CITY 


initiative:  referendum 


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CITY  MANAGER  PLAN 

DAYTON,  OHIO 


213 


214  THE  AMERICAN  DEMOCRi^LCY 

Honesty  and  Vigilance  the  Price  of  Good  City  Govern^ 
ment.  While  many  good  things  have  come  out  of  the 
commission  system,  it  would  be  a  mistake  to  suppose  that 
recent  progress  in  municipal  affairs  is  due  wholly  to  new 
types  of  organization.  For  many  cities  working  under  the 
old  council  system  have  joined  in  the  movement  for  re- 
form, and  have  achieved  results  fully  as  satisfactory  as 
those  organized  under  the  commission  plan,  thus  giving 
force  to  Pope's  famous  couplet: 

For  forms  of  government  let  fools  contest ; 
Tliat  which  is  better  administered  is  best. 

Forms  are  highly  important,  for  there  are  good  forms 
and  bad  forms ;  but  form  alone  is  not  enough.  If  munici- 
pal affairs  are  to  be  well  managed,  there  must  be  absolute 
honesty  in  the  doings  of  city  officials,  and  there  must  be 
untiring  vigilance  upon  the  part  of  citizens.  No  govern- 
mental machine,  however  wisely  constructed,  will  do  its 
work  well  if  dishonest  men  are  operating  it  or  if  it  is  left 
to  run  itself. 

Questions  on  the  Text 

1.  Under  what  circumstances  does  government  imder  a  municipal 
incorporation  become  necessary? 

2.  Into  what  two  classes  may  municipal  incorporations  be  di- 
vided? 

3.  Describe  the  organization  of  the  village  and  borough. 

4.  Give  an  account  of  the  coimcil  system. 

5.  Give  an  account  of  the  commission  system. 

6.  Give  an  account  of  the  city  manager  plan. 

7.  Name   two   indispensable   conditions   of   good   municipal   gov- 
ernment. 

Suggestive  Questions  and  Exebcises 

{For  Students  Living  in  Smaller  Municipalities) 


1.  Secure,  if  possible,  a  copy  of  your  municipal  charter  and  learn 
the  boundaries,  the  titles  of  the  officers,  and  the  powers  of  your 
municipality. 

2.  Secure  the  names  of  the  officers  who  are  now  serving  in  the 
offices  in  your  town.     Which  of  these  are  serving  without  pay? 


MUNICIPALITIES  215 

3,.  What  can  you  sayof  the  condition  of  the  streets  of  your  town  ? 
of  the  efficiency  of  your  fir«  department?  of  the  efficiency  of  your 
police  department?  of  the  success  of  your  school  system? 

4.  Look  around  you  and  discover  something  that  you  as  pupils 
may  do,  to  improve  your  town.  (Let  each  student  mention  one 
thing.) 

5.  You  have  discovered  a  few  things  that  you  as  students  may  do 
for  the  betterment  of  town  affairs.  Now  organize  as  a  civic  club 
and  set  about  doing  these  things. 

6.  Would  you  vote  for  a  town  officer  regardless  of  the  political 
party  to  which  he  belongs?     Give  reasons  for  your  answer. 

7.  Name  all  of  the  chartered  municipalities  situated  in  the  county 
in  which  you  live. 

8.  To  what  extent  is  your  town  under  county  government? 

9.  Is  your  city  governed  under  the  commission  form?  If  so, 
name  the  members  of  the  commission,  state  their  terms  of  office, 
their  salaries,  their  duties.  If  there  is  a  city  manager,  give  an  ac- 
count of  his  powers.  If  this  city  is  not  under  the  commission  form, 
would  it  be  advisable  for  it  to  adopt  this  form  ?  Give  reasons  for  or 
against  making  the  change. 

10.  Which  is  of  more  consequence  to  the  citizen  in  his  every-day 
life,  the  action  of  the  State  legislature  or  the  action  of  the  city 
council  ( or  commission )  ?     ( Do  not  answer  this  question  hastily. ) 

II 

{For  Students  Living  in  Cities) 

1.  Compare  the  organization  of  your  city  with  the  one  outlined 
in  the  text.  As  your  city  increases  in  population  what  changes  will 
have  to  be  made  in  its  government? 

2.  What  is  the  length  of  the  mayor's  term  of  office  ?  What  is  his 
salary?     What  officers  and  boards  does  he  appoint? 

3.  Describe  the  organization  of  your  city  council.  What  is  the 
method  of  representation  in  this  council?  Do  you  know  the  name 
of  the  person  who  represents  your  ward  in  the  council?  Bound  the 
ward  in  which  you  live. 

4.  (See  exercise  4  above,  substituting  "city"  for  "town.") 

5.  (See  suggestion  5  above.) 

6.  A  citizen  of  a  city  said:  "I  always  vote  at  State  and  national 
elections,  but  I  never  vote  at  municipal  elections."  In  what  particu- 
lar was  this  citizen  neglecting  his  personal  interest?  What  special 
qualities  of  citizenship  are  necessary  in  a  city? 

7.  Make  out  a  list  of  the  services  performed  within  the  boundaries 
of  your  city  by  the  national.  State,  and  municipal  governments 
Respectively. 

8.  Name  a  few  of  the  influences  that  make  for  bad  city  govern- 
ment.    Can  any  of  these  be  overcome? 

9.  What  agencies  are  now  at  work  in  your  city  for  the  improve- 
ment of  its  government? 


216  THE  AMERICAN  DEMOCRACY 

Topics  foe  Special  Work 

1.  Merits   and   Limitations   of   Commission   Government:    Brufere, 

69-92. 

2.  The  City  Council:  Goodnow  and  Bates,  179-229. 

3.  Municipal  Administration:   Zueblin,  376-394. 

4.  The  Commission  Government  Movement:  Brufere,  40-68. 

5.  The  City,  the  Battle  Ground  of  Democracy:  Kaye,  503--506. 

6.  The  City  Manager  Plan:  Munro,  631-632. 


XXVII 
PARTY  ORGANIZATION 

In  an  earlier  chapter,  when  considering  the  subject  of  party  gov- 
ernment in  its  broad  characteristics,  we  learned  that  government  in 
the  United  States,  whether  State  or  national,  is  conducted  through 
the  agency  of  political  parties  (p.  69).  Since  this  is  so,  it  is 
proper  that  the  subject  of  party  organization  should  receive  careful 
attention. 

Nomination  of  Candidates.  One  of  the  most  important  of 
the  services  performed  by  a  political  party  is  to  nominate 
candidates  for  office.  A  person  may  announce  himself  as 
a  candidate  and  secure  votes  for  himself  without  being 
named  as  the  candidate  of  a  party,  but  it  seldom  happens 
that  any  one  is  elected  to  an  important  office  in  this  way. 
Before  one  can  hope  for  success  at  the  polls  one  must  first 
receive  the  indorsement  of  a  political  party.  A  nomination 
by  a  party  is  an  announcement  to  voters  from  a  responsible 
source  that  the  candidate  named  possesses  personal  fitness 
for  th.^  office  to  which  he  aspires,  and  that  his  political 
views  agree  with  the  doctrines  professed  by  the  party.  In 
a  great  democracy  intelligent  voting  is  almost  impossible 
unless  candidates  are  agreed  upon  before  election  day. 

Permanent  Party  Organization.  The  work  of  a  political 
party  does  not  end  on  election  night  when  the  ballots  have 
been  counted.  The  life  of  a  party  must  be  supported  from 
one  election  to  the  next ;  and  this  is  done  by  means  of  a 
permanent  organization,  which  is  maintained  throughout 
the  length  and  breadth  of  the  land.  In  almost  every  town- 
ship, village,  election  district,  and  city  ward,  each  of  the 
great  parties  has  its  permanent  local  committee  of  manage- 

217 


218  THE  AMERICAN  DEMOCRACY 

ment.  Likewise  it  has  its  permanent  county,  city,  and 
State  committees.  Above  all  these  it  has  a  permanent 
National  Committee,  consisting  of  one  member  from  each  of 
the  States  and  Territories. 

These  permanent  committees  do  the  heavy  work  of  poli- 
tics. Indeed,  they  do  all  the  work  of  politics  except  vot- 
ing. They  issue  calls  for  the  nominating  conventions  to  be 
described  below;  they  organize  political  clubs;  they  ar- 
range for  political  mass  meetings  and  processions;  they 
solicit  funds  for  conducting  campaigns;  they  urge  voters 
to  be  registered,  and  then  urge  them  to  come  to  the  polls; 
in  many  other  ways  they  promote  and  defend  the  interests 
of  the  party,  through  good  and  ill  report,  after  defeat 
as  well  as  after  success. 

The  members  of  these  party  committees  are  generally 
experienced  politicians,  and  they  know  how  to  organize 
and  control  men.  They  are  skilled  in  determining  what  the 
rank  and  file  of  the  party  desire,  and  they  are  quick  to 
respond  to  the  commands  of  public  opinion.  Their  services 
are  generally  performed  without  compensation.  In  many 
instances,  however,  in  the  event  of  party  success,  they  ex- 
pect to  hold  office  themselves,  or  to  assist  their  friends  to 
office,  or  to  profit  personally  in  some  other  way. 

Primaries.  The  chief  task  of  the  permanent  committees 
is  to  superintend  the  nominating  machinery  and  keep  it 
well  oiled.  This  machinery  is  set  in  motion  at  the  pri- 
maries. These  are  meetings  or  elections  where  the  voters 
of  the  party  may  express  in  a  direct  manner  their  wishes 
in  respect  to  party  management.  Primaries  can  be  con- 
trolled by  the  voters  of  the  party,  and  if  they  are  con- 
trolled by  the  party  managers — as  too  often  they  are- 
it  is  the  fault  of  the  voters  themselves. 

For  many  years  the  primary,  like  the  entire  party  organ- 
ization, was  an  extra-legal,  voluntary  institution.  It  was 
controlled  by  rules  made  by  party  managers,  and  whether 
it  was  conducted  honestly  or  otherwise  was  not  an  affair 


POBUe  ACTS,  im-^Kb.  i«; 


KtL. 


OFFICIAL  PRIMARY  BAMX>T. 

IMmary- Elect  ion..   ^ .«....»*•..... .». 

,,... PiMty. 

Make  a  ctoss  in  the  square  [.\]  in  front  of  as  many  tmti^  (at  Mch  ol&ce 
as  is  indicated  under  the  title  of  .such  office. 


NATIONAL. 

Repr6.seiitaiives    in  State    LegislA^ 
lure.    District. 
Vote  for  one. 

United  States  Senator. 

Vote  for  one. 

□  OWEN  DOLAN. 

□  JAMES  H.  FLYNN. 

□  EDWARD  GIBBONS. 

□  GEORGE  J.  GLASIER. 

□  RICHARD  HUGHES. 

□  FRANK  H.  RILEY. 

COUNTY. 

STATE. 

^  Judge  of  Probate. 
'      Vote  for  one. 

^  Governor.  ^ 
Vote  for  one. 

□  FRANK  CAMPBELL. 

□  CH.\RLES  SCULLEN, 

Q  RICHARD  ROE. 

Q  JOHN  KOSWELL. 

□  HENRY  J.  WILKINSON. 

Circuit  Court  Coiumissionera. 
Vote  for  two. 

□  EDWARD  H.  SMITH. 

CONGRESSIONAL. 

□  CLIFFORD  BISHOP. 

Eeprefjentative  in  Congress.  District. 
Vote  for  one. 

[]  WILLIAM  DUNNING. 
Q  JAMES  MARA. 

□  CLIFFORD  CROSTIC. 

□  HENRY  ROACH. 

□  HARRY  SELSBEE. 

□  ORR  C.  TRASK. 

□  THOMAS  J.  WAGNER. 

□  CHARLES  WHITE. 

LEGISLATIVE. 

V  State  Senator.    District. 

Delegates  to  county  cottvention.  . 
Vote  for !^ 

Vote  for  one. 

□  WILLL\M  BROWN. 

Q  CASPER  DUNN.    , 

£-}  MICHAEL  J.  MURRAY. 

A  Sample  Ballot  for  Direct  Nomination  of  Officers 
219 


220  THE  AMERICAN  DEMOCRACY 

of  governmental  concern.  If  at  the  primary  election  there 
were  cheating  and  irregularities,  no  one  could  be  punished. 
But  in  recent  years  primaries  have  been  placed  under  the 
control  of  the  law,  and  have  been  conducted  as  regularly 
and  as  honestly  as  other  elections  are  conducted. 

Direct  Nominations.  In  most  of  the  States  the  nomination 
of  candidates  is  accomplished  at  the  primaries  by  the  direct 
vote  of  the  members  of  the  party.  That  is  to  say,  the 
voters  of  a  party  go  to  a  primary  meeting,  which  is  managed 
.in  the  same  way  as  a  regular  election,  and  vote  directly  for 
candidates.  Thus,  under  the  direct  system,  the  voters 
select  their  own  party  candidates;  they  do  not  intrust  the 
selection  to  party  representatives  or  to  the  action  of  party 
conventions.  When  county  officers,  for  example,  are  to  be 
nominated,  the  voters  of  the  party,  instead  of  electing 
delegates  to  a  county  convention  authorized  to  nominate 
these  officers,  express  their  choice  for  candidates  at  primary 
elections  held  throughout  the  county,  and  the  candidates 
who  win  at  the  primaries  are  put  on  the  ticket  as  the 
regular  party  nominees.  If  a  candidate  for  governor  is  to 
be  chosen,  the  voters  of  the  party  throughout  the  State 
express  their  choice  at  the  primaries,  and  the  person  most 
in  favor  at  the  primaries  becomes  the  regular  party  can- 
didate for  governor.  If  a  candidate  for  President  is  to  be 
nominated,  the  voters  at  the  primaries  elect  the  delegates 
to  the  National  Convention,  which  nominates  the  party 
candidate  for  President  and  Vice-President.  In  about 
twenty  States — and  the  number  is  increasing — the  voters, 
when  choosing  delegates  to  the  National  Convention,  are 
given  an  opportunity  to  express  their  preference  in  respect 
to  the  Presidential  candidates.  Thus,  where  the  direct 
system  of  nominations  has  been  adopted,  the  voters  partic- 
ipate personally  in  the  nomination  of  all  candidates,  from 
the  lowest  to  the  highest. 

The  direct  system  of  nominations  has  not  worked  well 
in  all  of  the  States  in  which  it  has  been  tried.     Too  often 


PARTY  ORGANIZATION  221 

indifference,  the  great  enemy  of  democracy  (p.  6),  pre- 
vails among  the  voters,  and  large  numbers  of  them  fail 
to  participate  in  the  primaries.  The  result  is  that  the 
real  will  of  the  people  is  not  ascertained.  This  failure  on 
the  part  of  the  people  to  make  kno\^Ti  their  wishes  about 
such  an  important  matter  is  a  cause  for  great  regret. 
Voters,  by  neglecting  their  duties  at  the  primaries,  in- 
flict upon  democracy  an  irreparable  injury. 

The  Convention  System.  In  States  in  which  the  voters  at 
the  primaries  do  not  nominate  candidates  directly,  the 
party  convention  is  called  into  action.  If  county  officers 
are  to  be  elected,  the  voters  at  the  primaries  choose  dele- 
gates to  a  county  convention,  and  at  this  convention  the 
candidates  for  the  county  offices  are  named.  If  municipal 
officers  are  to  be  nominated,  delegates  to  a  city  convention 
are  elected,  and  at  this  convention  candidates  for  the 
municipal  officers  are  nominated.  Likewise,  State  officers 
are  nominated  at  a  State  convention  composed  of  delegates 
elected  either  by  county  (or  city)  conventions  or  by  the 
voters  at  the  primaries. 

In  a  year  in  which  a  President  is  to  be  nominated,  the 
State  convention  passes  resolutions  expressing  its  political 
views,  naming  its  choice  for  presidential  candidate — if  it 
happens  to  have  a  choice — and  in  some  cases  elects  dele- 
gates to  a  National  Convention,  the  number  of  the  dele- 
gates being  twice  the  number  of  representatives  that  the 
State  has  in  both  branches  of  Congress.  In  most  cases, 
however,  a  State  convention  elects  only  four  delegates 
(called  delegates-at-large)  to  the  National  Convention,  the 
other  delegates  to  which  the  State  is  entitled  being  elected 
at  congressional  district  conventions,  two  delegates  being 
chosen  from  each  district.  Sometimes  the  State  conven- 
tion selects  candidates  for  presidential  electors,  but  as  a 
rule  the  electoral  candidates  are  selected  at  the  congres- 
sional district  conventions. 

Presidential  Campaign.    After  the  delegates  in  all  the 


222  THE  AMERICAN  DEMOCRACY 

States  and  Territories  have  been  chosen,  either  by  the  direct 
vote  of  the  people  at  the  primaries  or  by  conventions,  they 
assemble  in  some  convenient  city  as  the  great  National  Con- 
vention. This  body,  consisting  of  more  than  a  thousand 
men  and  women,  after  several  days  of  discussion,  expresses 
the  views  of  the  party  upon  public  questions  in  the  shape 
of  a  platform,  and  chooses  candidates  for  President  and 
Vice-President. 

After  all  the  political  parties  have  named  their  candi- 
dates the  struggle  for  election  begins.  Political  meetings 
are  held,  the  claims  of  the  candidates  are  urged,  the  plat- 
forms are  explained  and  defended,  and  everything  that  can 
be  done  to  influence  voters  is  done. 

The  campaign,  with  all  its  faults,  is  a  most  wholesome 
element  in  our  public  life.  It  is  the  school-time  of  democ- 
racy. By  it,  men's  attention  is  strongly  attracted  to  pub- 
lic affairs,  civic  spirit  is  awakened,  and  voters  are  educated. 
The  greatest  objection  to  lengthening  the  presidential  term 
is  that  to  do  so  would  be  to  deprive  the  people  of  the  great 
educational  advantage  of  frequent  presidential  campaigns. 

The  campaign  continues  until  the  election  day  in  Novem- 
ber, when  the  voters  render  their  decision.  They  do  not 
vote  for  a  President  directly,  but  for  electors,  as  the  Con- 
stitution provides  (146).  Since  these  electors  are  nomi- 
nated and  elected  by  a  party,  they  are  morally  bound  to 
vote  for  the  candidate  of  the  party  that  elected  them,  and 
no  elector  has  ever  proved  unfaithful  to  the  party  that 
elected  him.  The  President  is,  therefore,  really  elected  at 
the  polls. 

The  electors  chosen  in  November  meet  in  their  respective 
States  in  January  and  vote  for  President  and  Vice-Presi- 
dent. The  results  of  this  vote  are  despatched  from  the 
several  States  to  the  president  of  the  Senate  at  Washing- 
ton, and  on  the  second  Wednesday  in  February  Congress 
meets  to  count  the  votes.  The  person  receiving  the  ma- 
jority of  the  votes  cast  for  President  is  declared  to  be 
elected,  and  the  person  receiving  the  majority  of  the  votes 


PARTY  ORGANIZATION  223 

cast  for  Vice-President  is  declared  to  be  elected.  When  no 
person  receives  a  majority  of  all  the  electoral  votes,  the  Con- 
stitution provides  that  the  House  of  Representatives  shaU 
choose  a  President  and  the  Senate  a  Vice-President,  and 
states  precisely  how  the  election  shall  be  conducted  (148). 

Questions  on  the  Text 

1.  What  services  do  political  parties  render  when  they  nominate 
candidates  for  office? 

2.  Describe  the  permanent  organization  of  a  political  party. 

3.  Give  an  account  of  the  primaries  and  point  out  their  impor- 
tance. 

4.  Describe  the  system  of  direct  nominations. 

5.  Describe  the  convention  system. 

6.  Give  an  account  of  a  presidential  campaign  and  of  the  elec- 
tion of  a  President. 

Suggestive  Questions  and  Exercises 

1.  Are   primaries  in   this   State   legalized?     If   they  are  not,  is 
there  a  strong  sentiment  in  favor  of  legalizing  them? 

2.  Are  the  politicians  whom  you  personally  know  better  or  worse 
than  their  neighbors?      (Avoid  using  or  suggesting  any  names.) 

3.  How  many  electoral  votes  has  this  State? 

4.  What  Presidents  were  elected  by  Congress? 

5.  Show  that  it  is  theoretically  possible  for  a  man  to  be  elected 
President  without  receiving  a  majority  of  the  votes  cast. 

6.  Show  that  it  is  theoretically  possible  for  a  single  vote  at  the 
polls  to  decide  a  presidential  contest. 

Topics  foe  Special  Wobk 

1.  What  the  Party  Machine  Has  to  Do:   Jones,  175-178. 

2.  The  Election  of  the  President:  Jones,  106-114. 

3.  The  Electoral  College:  Jones,  115-124. 

4.  The  Party  Machine:  Kaye,  373-378. 

5.  Primary  Election  Legislation:   Kaye,  378-384. 

6.  Organization  of  Political  Parties:  411-414. 


PART  ni 

THE  FUNCTIONS  OF  THE  AMERICAN 
GOVERNMENT 

Its  Services 


XXVIII 
THE  FUNCTIONS  OF  GOVERNIMENT 

In  the  first  part  of  this  book  the  great  principles  and  fundamental 
ideas  of  the  American  political  system  were  considered,  and  in  the 
second  part  the  formal  organization  of  the  several  grades  of  govern- 
ment that  are  included  in  that  system  was  studied.  In  this,  the 
third  part,  we  shall  be  concerned  with  what  our  government  does; 
that  is,  we  shall  be  concerned  with  the  functions  or  services  of  the 
American  government.  But  before  we  take  up  the  particular  topics 
of  this  division  it  will  be  best  to  glance  at  the  subject  of  govern- 
mental functions  in  general. 

Scope  of  Governmental  Activity.  The  services  rendered 
by  the  different  governments  of  the  earth  vary  with  the 
racial  instincts  and  character  of  the  people  whom  the 
governments  serve.  They  vary  not  only  from  country  to 
country,  but  they  also  change  in  the  same  country  from 
year  to  year.  It  follows,  therefore,  that  any  enumeration 
of  the  functions  of  government  must  be  more  or  less  typical 
in  character.  Still,  such  an  enumeration  is  useful,  since 
it  gives  a  general  idea  of  the  scope  and  nature  of  govern- 
mental activity.  A  typical  progressive  government  like 
our  own  does  the  following  things : 

(1)  It  makes  new  laws  to  meet  the  ever-changing  condi- 
tions of  society. 

(2)  It  renders  justice  between  man  and  man,  and  be- 
tween man  and  the  State. 

(3)  It  provides  a  defense  against  foes. 

(4)  It  protects  and  promotes  its  international  interests. 

(5)  It  supports  itself  by  means  of  taxation. 

(6)  It  borrows  money  in  times  of  stress. 

(7)  It  coins  money  and  provides  a  currency  adequate 
for  the  needs  of  trade. 

227 


228  THE  AMERICAN  DEMOCRACY 

(8)  It  regulates  foreign  commerce. 

(9)  It  regulates  immigration. 

(10)  It  exercises  control  over  the  agencies  of  transporta- 
tion. 

(11)  It  strives  to  prevent  monopoly  and  encourages 
competition  in  business. 

(12)  It  conserves  natural  resources. 

(13)  It  conducts  the  election  of  public  officers. 

(14)  It  provides  for  the  education  of  the  young. 

(15)  It  guards  the  interests  of  workingmen. 

(16)  It  strives  by  special  legislation  to  improve  living 
conditions. 

(17)  It  defines  and  punishes  crime. 

(18)  It  helps  paupers  and  incapables. 

(19)  It  safeguards  the  public  health. 

(20)  It  promotes  the  public  safety  and  the  public 
morality. 

(21)  It  promotes  the  welfare  of  the  people  in  urban 
and  in  rural  communities. 

Nearly  every  modern  civilized  government  does  all  of  the 
above  things,  and  some  governments  do  much  more.  In 
most  of  the  countries  of  Europe  the  railroads,  the  telephone 
and  telegraph  systems,  and  in  some  instances  the  mines, 
are  operated  by  the  government.  In  many  of  the  cities 
of  Europe  the  scope  of  governmental  authority  is  still  fur- 
ther enlarged,  embracing  not  only  such  functions  as  the 
supplying  of  gas  and  water,  but  extending  to  such  services 
as  the  maintenance  of  public  baths,  laundries,  pawn-shops, 
savings-banks,  and  lodging-houses.  In  London  the  city 
government  has  gone  so  far  as  to  supply  sanitary  milk  to 
the  poor  classes. 

Government  and  the  IndividuaL  The  functions  of  govern- 
ment in  all  progressive  countries  are  increasing  and  must 
continue  to  increase.  Civilization  is  growing  more  com- 
plex ;  human  interests  are  multiplying  and  conflicting  with 
one  another  as  never  before ;  population  is  increasing  with 


THE  FUNCTIONS  OP  GOVERNMENT        229 

startling  rapidity  and  is  crowding  into  the  cities;  inven- 
tion and  processes  of  manufacture  and  methods  of  business 
are  changing  the  face  of  the  industrial  world.  The  cir- 
cumstances of  this  modern  life  do  not  permit  the  large  in- 
dividual freedom  of  former  days.  In  order  to  make  the 
proper  social  adjustments  under  the  new  conditions,  gov- 
ernment must  step  in  and  do  things  that  it  has  not  done 
before,  and  that  in  a  past  age  it  would  not  have  ventured 
to  do,  and  with  each  new  function  added  to  government 
personal  liberty  is  to  some  degree  curtailed.  The  indi- 
vidual withers  as  the  state  grows  more  and  more. 

But  government  in  a  democracy  can  not  assume  an  addi- 
tional function  without  the  consent  of  the  voters.  The 
voter,  therefore,  is  constantly  called  upon  to  determine  the 
proper  limits  of  governmental  activity.  Shall  the  gov- 
ernment operate  the  railroads,  or  shall  individuals  con- 
tinue to  operate  them?  Shall  the  municipal  government 
furnish  the  people  with  ice,  as  it  furnishes  them  with 
water,  or  shall  the  ice  be  furnished  by  private  enterprise? 
Shall  the  government  carry  telegraphic  messages,  as  it 
carries  letters,  or  shall  the  telegraph  business  remain  in 
private  hands?  Shall  the  municipality  provide  a  free 
lunch  for  school  children,  as  it  provides  free  text-books,  or 
shall  parents  attend  to  the  lunches?  Shall  government 
regulate  the  hours  of  labor,  or  shall  each  man  be  permitted 
to  work  as  many  or  as  few  hours  as  he  pleases?  In  all 
such  questions  the  voter  must  decide  either  in  favor  of  the 
individual  or  in  favor  of  the  state. 

Political  science  can  not  point  out  to  the  voter  precisely 
what  government  should  do  and  what  it  should  not  do,  for 
the  sphere  of  government  cannot  be  circumscribed  ''by 
the  ring  fence  of  a  definition";  but  political  science  can 
sound  a  note  of  warning.  The  most  judicious  of  all  men 
who  have  written  on  the  subject  of  human  liberty,  John 
Stuart  Mill,  has  sounded  this  note  in  the  clearest  tones. 

''Whatever  theory,"  he  says,  "we  may  adopt  respecting 
the  foundation  of  the  social  union^  and  under  whatever 


230  THE  AMERICAN  DEMOCRACY 

political  institutions  we  live,  there  is  a  circle  around  every 
individual  human  being  which  no  government,  be  it  that 
of  one,  of  a  few,  or  of  the  many,  ought  to  be  permitted  to 
overstep;  there  is  a  part  of  the  life  of  every  person  who 
has  come  to  years  of  discretion  within  which  the  individu- 
ality of  that  person  ought  to  reign  uncontrolled  either  by 
any  individual  or  by  the  public  collectively.  This  reserved 
territory  ought  to  include  all  that  part  which  concerns  only 
the  life,  whether  inward  or  outward,  of  the  individual, 
and  does  not  affect  the  interests  of  others,  or  affects  them 
only  through  the  moral  influence  of  example."  Here  is 
a  test  that  should  be  applied  to  every  proposed  extension 
of  governmental  authority.  When  government  is  per- 
mitted to  invade  one's  private  life  and  make  regulations  in 
respect  to  matters  that  do  not  directly  and  closely  and 
powerfully  affect  the  outer  social  world,  human  liberty 
suffers  a  loss  for  which  no  governmental  service,  however 
great,  is  likely  to  be  a  full  compensation. 

Individualists ;  Socialists.  In  the  field  of  practical  politics 
we  find  men  differing  widely  in  their  views  as  to  the  proper 
sphere  of  government.  One  class,  known  as  individualists, 
believe  that  the  state  should  be  severely  limited  in  its 
activities.  The  individualists  would  have  the  government 
protect  the  nation  against  foes,  and  persons  and  property 
against  violations ;  and  to  these  merely  protective  functions 
he  would  add  certain  others,  such  as  the  management  of 
the  post-office,  the  establishment  of  public  schools,  the  im- 
provement of  rivers  and  harbors,  the  maintenance  of  high- 
ways, and  the  regulation  of  the  means  of  transportation. 
Further  than  this  the  individualist  is  reluctant  to  go,  for  he 
believes  that  to  go  further  would  be  to  trespass  upon  a  field 
of  activity  that  properly  belongs  to  private  enterprise  and 
effort. 

Opposed  to  the  individualists  are  the  socialists.  The 
socialists  believe  in  an  enormous  increase  in  the  functions 
of  government.     Under  socialism  the  state  would  own  and 


THE  FUNCTIONS  OF  GOVERNMENT         231 

control  not  only  all  the  means  of  transportation  and  com- 
munication— railroads,  steamboats,  canals,  telegraph  and 
telephone  lines — but  it  would  also  own  and  control  all  the 
means  and  instruments  of  production — -the  mines  and 
forests  and  farming  lands,  and  shops  and  factories  and 
mills.  Under  such  a  program  individual  enterprise  would 
disappear  almost  entirely,  and  there  would  be  substituted 
in  its  place  the  collective  effort  of  society.  The  state 
would  be  a  great  joint  stock  company  whose  membership 
would  comprise  the  whole  body  of  citizens,  and  whose  ob- 
ject would  be  to  provide  for  the  material  wants  of  its  mem- 
bership. Of  course,  if  the  state  should  be  the  sole  pro- 
ducer, it  follows  that  it  would  also  make  a  distribution  of 
the  products,  giving  to  each  person  (each  member  of  the 
joint  stock  company)  his  just  portion  of  the  goods  pro- 
duced. What  the  portion  of  a  given  individual  would  be 
would  depend  upon  the  quantity  and  quality  of  the  labor 
that  the  individual  performed.  If  a  person  able  to  work 
performed  no  labor  at  all,  he  w^ould  get  no  portion  at  all 
and  would  consequently  starve  to  death.  Under  the  social- 
ist program  everybody  able  to  work  would  be  compelled  to 
work. 

Questions  on  the  Text 

1.  Enumerate  the  functions  of  a  typical  progressive  government. 

2.  What  circumstances  tend  to  strengthen  the  state  at  the  expense 
of  the  individual? 

3.  What  is  Mill's  rule  for  the  limitation  of  governmental  au- 
thority? 

4.  What  is  the  doctrine  of  the  individualist  in  respect  to  the 
fimctions  of  government? 

6.  What  is  the  doctrine  of  the  socialist  in  respect  to  the  func- 
tions of  government? 

Suggestive  Questions  and  Exercises 

1,  Enumerate  the  functions  of  your  town  or  city  government.  Is 
it  doing  anything  that  could  be  better  done  by  private  enterprise? 
What  things  are  now  being  done  by  private  enterprise  that  could  be 
better  done  by  the  municipal  government? 

2.  Where  is  there  more  individual  liberty,  in  the  city  or  in  the 
coimtry  ? 


232  THE  AMERICAN  DEMOCRACY 

3.  Prepare  a  ten-minute  paper  on  "The  Municipal  Functions  of 
Glasgow."  (Consult  Shaw's  "Municipal  Government  in  Great 
Britain.") 

4.  Determine  in  which  of  the  following  instances  there  would  be 
a  violation  of  the  rule  laid  down  by  Mill  and  given  in  the  text:  The 
government  (a)  compels  everybody  to  be  vaccinated;  (6)  forbids 
the  reading  of  certain  books;    (c)   forbids  the  sale  of  certain  books; 

(d)  furnishes  the  milk  that  must  be  drunk;  (e)  furnishes  the  virus 
that  must  be  used  in  vaccination;  (/)  compels  everybody  to  attend 
church;  (g)  compels  everybody  to  attend  a  certain  church;  {h)  for- 
bids the  sale  of  oleomargarin ;  (t)  compels  dealers  to  label  oleomar- 
garin  as  such;  (;)  forbids  the  use  of  oleomargarin  altogether;  {k) 
compels  parents  to  send  their  children  to  school;  (l)  compels  parents 
to  send  their  children  to  certain  schools. 

5.  Of  the  following  enterprises  name  one,  if  there  is  one,  that 
should  be  undertaken  by  government  in  this  country:  {a)  The  opera- 
tion of  telegraph  lines;  (6)  the  operation  of  railroads;  (c)  the 
operation  of  trolley  lines  in  cities;    {d)  the  operation  of  coal  mines; 

(e)  the  manufacture  and  sale  of  gunpowder;  (/)  the  manufacture 
and  sale  of  illuminating  gas;    (g)  the  manufacture  and  sale  of  ice. 

6.  If  government  should  undertake  the  enterprises  named  above, 
to  which  of  the  several  grades  of  government,  local  State,  or  fed- 
eral, would  each  enterprise  be  assigned  ? 

Topics  fob  Special  Wobk 

1.  The  Functions  of  Government:  Bullock,  514-528;  Gettell,  501- 

519. 

2.  Personal  Liberty  vs.  Governmental  Authority:  Kaye,  392-397. 

3.  Outlines  for  the  Socialist  State:  Spargo,  235-276. 

4.  Socialism  in  the  Light  of  Sociology:  Ellwood,  354-370. 

5.  Governmental  Enterprise  in  the  Non-Essentials :  Kaye,  402-410. 


XXIX 

LAWS 

One  of  the  constant  services  of  a  popular  government  is  to  make 
laws  suitable  to  the  ever-changing  conditions  of  society.  Since  the 
American  voter  is  indirectly  a  law-maker — where  the  initiative  and 
referendum  are  in  use  he  is  a  direct  law-maker — he  ought  to  have 
clear  and  just  notions  respecting  the  nature  of  laws.  He  ought  to 
know  what  a  law  is  and  what  are  the  characteristic  features  of  a 
law,  and  he  ought  to  have  sound  ideas  in  respect  to  what  law  can  do 
and  what  it  can  not  do.  In  this  chapter  we  shall  consider  those 
phases  of  the  subject  of  law  that  are  of  practical  interest  to  citizens 
and  voters. 

What  a  Law  Is;  Different  Kinds  of  Law.    A  law  is  a 

formal  expression  of  the  will  of  society  in  respect  to  some 
matter  of  social  concern;  it  is  a  rule  of  action  made  by 
government  and  enforced  by  the  sovereign  authority  of 
the  state.  A  rule  of  action  that  can  not  invoke  for  its 
enforcement  the  whole  power  of  the  state  is  not  a  law  in  the 
sense  in  which  the  word  is  here  used. 

A  useful  classification  of  American  laws  may  be  made 
by  considering  their  origin  and  grouping  them  according 
to  the  sources  from  which  they  have  emanated.  Such  a 
classification  gives  us  the  following  groups  of  laws: 

(1)  Constitutions  (federal  and  State). 

(2)  Initiative  and  Referendum  Laws.  These  originate 
with  the  people  and  are  a  direct  expression  of  the  people's 
will. 

(3)  Statutory  Laws.  These  are  the  laws  that  have  been 
formally  passed  and  promulgated  by  a  legislative  body. 
They  include  the  treaties  made  by  the  United  States,  the 
statutes  of  Congress  and  of  the  State  legislatures,  the  or- 
dinances of  municipal  councils,  and  the  by-laws  of  town- 

233 


234  THE  AMERICAN  DEMOCRACY 

meetings.  There  must  be  placed  in  this  class  also  those 
laws  of  the  colonial  assemblies  and  of  the  British  Parlia- 
ment that  were  in  force  in  the  colonies  at  the  time  of  the 
Revolution  and  that  have  never  been  repealed. 

(4)  The  Common  Law.  A  fourth  class  of  laws  consists 
of  a  set  of  rules  and  principles  that  have  not  been  pro- 
mulgated by  a  legislature,  but  that  have  grown  out  of 
custom  and  usage  and  have  been  gathered  from  judicial 
decisions  (p.  178)  and  from  the  opinions  of  jurists.  These 
rules  and  principles  constitute  the  common  law.  Consti- 
tutional laws  and  statutory  laws  are  written,  but  the  com- 
mon law  may  be  said  to  be  unwritten,  for  its  rules  are  not 
formulated  specifically  in  written  documents.  Most  of  the 
rules  of  the  common  law  came  to  us  from  England ;  but  cus- 
tom is  making  laws  in  America  all  the  time,  and  when  an 
American  custom  has  hardened  into  a  law  that  law  is  to 
be  classified  as  belonging  to  the  common  law.  The  rules 
of  the  common  law  are  so  fundamental  and  so  important 
that  they  are  often  called  the  ''great  body  of  the  law" — 
the  vital  principles  of  all  law. 

Some  of  the  Characteristic  Features  of  Law.  Among  the 
characteristic  features  of  a  law  are  several  that  frequently 
have  a  practical  bearing  upon  daily  conduct:  (1)  All  laws 
are  equally  binding.  If  a  law  originated  from  a  rightful 
source  and  conflicts  with  no  higher  law,  it  is  binding,  what- 
ever may  be  its  origin.  A  by-law  of  a  town-meeting  is  as 
relentless  in  its  operations  as  a  law  of  Congress,  and  if 
necessary  armies  and  fleets  will  assist  in  its  enforcement. 
(2)  The  law  is  no  respecter  of  persons.  Everybody,  rich 
or  poor,  high  or  low,  who  comes  within  the  scope  of  the 
authority  of  a  law  must  obey  it.  (3)  Ignorance  of  the  law 
excuses  no  one.  When  a  law  is  passed,  means  are  some- 
times taken  to  give  it  publicity  by  advertising  it  in  news- 
papers, but  government  does  not  undertake  to  inform  every- 
body of  every  law  that  is  passed.  It  is  assumed  that  citi- 
zens are  able  to  learn  what  the  law  is,  and  the  maxim  is 


LAWS  235 

that  *'to  be  able  to  know  is  the  same  as  to  know."  This 
rnle  sometimes  works  hardships,  but  it  could  not  safely  be 
changed.  (4)  A  law  remains  in  force  until  it  is  repealed. 
"Laws  sometimes  sleep,  but  never  die." 

Law-Making  and  Public  Opinion.  For  the  regulation  of 
the  varied  interests  and  activities  of  our  busy  and  progres- 
sive life,  thousands  of  laws  have  been  made  and  thousands 
more  are  making.  This  production  of  laws  can  not  cease. 
As  a  community  develops,  the  laws  must  keep  pace  with 
the  new  conditions.  Steam  has  called  forth  hundreds  of 
laws,  and  electricity  is  constantly  presenting  problems  for 
the  consideration  of  the  law-maker.  Not  only  must  new 
laws  be  made,  but  old  ones  must  be  repealed  or  amended. 
The  ideas  of  men  concerning  right  and  justice  change,  and 
it  is  the  business  of  the  legislature  to  make  the  law  con- 
form to  existing  views.  To  meet  the  demand  for  new 
legislation  the  energies  of  our  legislatures,  municipal.  State, 
and  federal,  are  taxed  to  the  utmost.  Frequently  more 
than  a  thousand  laws  are  passed  at  a  single  session  of  a 
State  legislature,  and  it  has  been  estimated  that  the  com- 
bined output  of  Congress  and  of  all  the  State  legislatures  is 
nearly  twenty  thousand  laws  every  year. 

In  this  hurly-burly  of  law-making  the  voter  takes  a 
part:  he  chooses  the  representatives  who  make  the  laws, 
and  in  this  way  is  brought  very  close  to  the  actual  work  of 
legislation.  When  considering  a  proposed  law  there  is  one 
rule  the  voter  should  keep  in  mind,  and  that  rule  is  this: 
A  law  should  not  be  enacted  if  public  opinion  is  strong 
against  it.  Public  opinion  is  the  moral  force  that  at  a 
given  time  sways  and  controls  a  community.  This  force 
may  be  low  or  it  may  be  elevated,  but  it  is  always  a  con- 
trolling force.  In  an  absolute  monarchy,  as  well  as  in  a 
republic,  successful  resistance  to  public  opinion  is  quite  im- 
possible. If  people  are  ruled  by  a  despot,  it  is  because 
they  desire  to  be  ruled  in  that  way;  the  despotism  falls  as 
soon  as  public  opinion  is  hurled  against  it.    Laws  as  well 


236  THE  AMERICAN  DEMOCRACY 

as  other  things  must  bend  to  this  irresistible  power.  In 
deed,  we  may  say  that  a  good  and  useful  law  should  al- 
ways be  enacted  by  public  opinion  before  it  is  passed 
through  the  legislature. 

We  can  not  alwaj^s  tell  on  which  side  of  a  question  pub- 
lic opinion  really  stands,  and  can  not  for  this  reason  al- 
ways determine  in  advance  whether  a  proposed  law  will 
receive  its  support  or  not.  We  may  not  be  able  to  tell 
what  public  opinion  will  do,  but  there  are  several  things 
we  may  confidently  predict  it  will  not  do  : 

(1)  It  will  not  support  laws  that  require  for  their  en- 
forcement a  much  higher  average  of  morality  than  that 
which  already  exists.  A  member  of  a  State  legislature  in- 
troduced a  bill  enacting  the  ten  commandments  and  the 
golden  rule  into  laws.  If  the  people  of  the  State  at  the 
time  were  generally  obeying  the  commandments  and  the 
golden  rule  his  bill  was  not  altogether  absurd,  but  if  they 
were  considerably  below  this  grade  of  morality  his  bill  was 
as  preposterous  as  it  would  have  been  if  it  had  provided 
that  all  men  should  be  happy,  and  that  rivers  should  flow 
with  milk  and  honey.  Legislation  may  punish  law- 
breakers, but  it  can  not  make  men  good. 

(2)  It  will  not  support  laws  that  provide  for  a  wide 
departure  from  present  habits  and  customs.  Men  are 
creatures  of  habit;  they  are  prone  to  act  to-day  as  they 
acted  yesterday;  and  when  a  law  demands  a  sudden  and 
radical  change  in  deeply  rooted  customs  it  does  violence  to 
human  nature.  Englishmen  are  accustomed  to  say  that 
there  is  nothing  which  their  Parliament  can  not  do.  There 
is  doubtless  one  thing  it  can  not  do:  it  can  not  make  the 
people  of  England  abandon  their  clumsy  custom  of  reckon- 
ing money  in  pounds,  shillings,  and  pence. 

(3)  It  will  not  support  ideal  schemes  of  government. 
Society  is  a  mixture  of  good  and  evil ;  and,  while  the  ma- 
jority of  men  in  a  state  are  never  utterly  base,  neither  is 
the  majority  ever  supremely  good.  Laws,  therefore,  that 
are  framed  upon  the  assumption  that  men  are  ideal  crea- 


LAWS  237 

tures  will  not  secure  the  support  of  public  opinion.  Here 
is  where  well-meaning  people  often  err.  They  plan  for  a 
state  in  which  there  is  no  selfishness  or  injustice  or  wrong- 
doing. They  construct  ideal  commonwealths,  apparently 
forgetful  of  the  fact  that  they  themselves  would  not  be  will- 
ing to  live  for  six  months  under  one  of  their  own  creations. 
Many  ideal  commonwealths  have  been  proposed,  but  no  sane 
man  ever  yearned  to  live  in  one  of  them.  Public  opinion 
will  support  laws  that  make  for  the  betterment  of  social 
conditions — it  is  constantly  doing  this — but  it  will  ruth- 
lessly shatter  the  fabrications  of  dreamers.  Still,  there 
should  he  no  sneer  for  the  reformer;  for,  after  all,  it  is 
he  that  does  most  to  elevate  public  opinion  and  to  lead 
men  to  higher  and  better  things. 

(4)  It  will  not  support  arbitrary  or  whimsical  laws. 
Very  often  the  law  has  attempted  to  regulate  things  that 
ought  to  be  left  to  regulate  themselves.  Thus,  laws  have 
been  passed  limiting  the  number  of  dishes  to  be  served  at 
a  dinner,  and  prescribing  the  kind  of  jewelry  that  might 
be  worn.  A  Scottish  parliament  was  once  rash  enough  to 
attempt  to  regulate  the  amount  of  money  that  women 
should  spend  for  dress.  Regulations  of  this  kind  are  called 
sumptuary  laws.  They  have  nearly  always  failed  to  re- 
ceive the  support  of  public  opinion. 

Obedience  to  Law.  Laws  that  do  not  receive  the  support 
of  public  opinion  are  sure  to  be  violated,  while  the  violators 
go  unpunished.  This  is  the  great  mischief  of  such  laws. 
A  law  is  made  to  be  obeyed.  We  may  not  like  a  law;  we 
may  think  a  law  foolish  or  harsh  or  unjust;  yet,  as  long 
as  it  is  a  law,  we  should  obey  it.  To  obey  a  bad  law  might 
work  some  temporary  inconveniences,  but  these  would  not 
be  so  regrettable  as  would  be  the  habit  of  violating  the  law 
with  impunity.  Obedience  to  the  law  is  an  essential  fea- 
ture of  good  citizenship  under  any  form  of  government. 
Especially  is  this  true  in  a  democracy,  where  all  laws  flow 
from  the  people,  and  where  the  citizen  looks  to  law  and  not 


238  THE  AMERICAN  DEMOCRACY 

to  a  manarch,  not  to  a  person,  for  the  protection  of  his 
rights.  When  citizens  in  a  democracy  begin  to  lose  their 
respect  and  reverence  for  the  law  and  to  disregard  its 
commands,  they  are  preparing  a  way  for  anarchy,  and 
anarchy  leads  to  despotism.  Society  can  exist  only  where 
the  laws  are  obeyed,  and  it  is  sure  society  must  and  mil 
exist.  If  the  people  will  not  obey  their  own  laws  the 
tyrant  will  come  forward  and  impose  his  laws  upon  them 
and  compel  obedience.  The  man  on  horseback,  the  man  of 
blood  and  iron,  is  better  than  social  chaos. 

Questions  on  the  Text 

1.  What  is  a  law?  Classify  our  laws  with  respect  to  the  sources 
from  which  they  have  emanated.     What  is  the  common  law? 

2.  What  are  the  several  characteristic  features  of  a  law? 

3.  What  connection  is  there  between  voting  and  law-making? 

4.  Define  "public  opinion." 

5.  Name  the  kind  of  laws  public  opinion  is  not  likely  to  support. 

6.  Give  reasons  why  laws  should  be  obeyed.  What  would  be 
the  result  of  a  general  disregard  of  laws? 

Suggesti\'e  Questions  and  Exercises 

1.  Name  some  new  inventions  that  will  be  likely  to  call  forth 
new  laws. 

2.  "A  law  passed  to-day  ought  not  to  bind  future  generations.  A 
law  ought  to  repeal  itself  after  it  has  been  in  force  for  twenty-five 
years."  What  would  be  the  disadvantages  of  limiting  the  binding 
force  of  all  laws  to  a  brief  period? 

3.  Would  you  vote  for  a  law  which  provided  that  no  child  under 
twelve  years  of  age  should  appear  on  the  streets  alone  after  nine 
o'clock  in  the  evening?  for  a  law  which  forbade  ladies  to  wear  the 
feathers  of  birds  in  their  hats?  for  a  l^w  which  forbade  boys  to 
smoke  cigarettes?  for  a  law  which  forbade  girls  to  chew  gum?  for 
a  law  which  compelled  street-car  companies  to  furnish  seats  to  all 
passengers?  for  a  law  which  forbade  the  ringing  of  church  bells?  for 
a  law  which  provided  that  pupils  should  always  know  their  lessons? 
Give  reasons  for  each  of  your  answersw 

4.  "The  best  way  to  get  a  bad  law  repealed  is  to  enforce  it."  Is 
it  better  for  judges  to  enforce  a  bad  law  and  thus  hasten  its  formal 
repeal  by  a  legislature,  or  to  allow  violators  of  it  to  go  unpunished? 

5.  Name  a  few  of  the  social  and  intellectual  forces  that  go  to 
make  up  public  opinion. 

6.  What  will  be  the  course  of  a  true  statesman  who  finds  that  his 
opinion  does  not  agree  with  public  opinion? 

7.  Define  statute^  by-lo^io^  ordinance,  constitution. 


LAWS  239 

8.  Watch  the  proceedings  of  the  State  legislature  and  of  Congress 
and  report  important  legislation.  (Your  Representative  in  Congress 
will  probably  furnish  you  with  the  "Congressional  Record.") 

9.  Read  Thomas  More's  Utopia  and  mention  the  things  in  Utopia 
which  you  like  and  which  you  believe  would  be  supported  by  public 
opinion  in  the  United  States. 

10.  Public  Opimon  Law.  In  Illinois  it  is  provided  by  law  that, 
upon  petition  of  ten  per  cent,  of  the  voters  of  the  State,  any  ques- 
tion of  public  policy  may  be  submitted  to  the  voters  of  the  State. 
The  vote  upon  a  question  thus  submitted  does  not  bind  the  legisla- 
ture, but  merely  serves  as  an  expression  of  public  opinion;  and  it  is 
an  indication  of  what  the  people  want.  What  do  you  think  of  this 
device?     Compare  its  merits  with  those  of  the  initiative. 

Topics  for  Special  Work 

1.  The  Enforcement  of  the  Law:  Reinsch,  26-41. 

2.  Relations  of  Law  to  Morality:  Gettell,  192-194. 

3.  The  Sources  of  Law:  Beard,  553-567. 


XXX 

JUSTICE 

In  the  preceding  chapter  we  learned  that  one  of  the  constant  tasks 
of  government  is  to  provide  wise  and  just  laws  for  the  people.  But 
after  laws  have  been  enacted  they  must  be  administered  in  a  wise  and 
just  manner.  That  is  to  say,  it  is  the  function  of  government  to 
administer  the  laws  in  accordance  with  the  principles  of  justice. 
Let  us,  then,  in  this  chapter  learn  of  the  services  rendered  by  gov- 
ernment when  engaged  in  the  administration  of  justice. 

Administration  of  Justice  the  Highest  Function  of  Gov- 
ernment. Of  all  the  services  rendered  by  government,  the 
highest  and  noblest  is  to  maintain  justice  among  men — to 
see  that  every  person  receives  that  which  is  his  due.  For 
this  purpose  government  is  organized,  constitutions  are 
framed,  laws  are  passed,  officers  are  elected,  and  armies  and 
navies  are  maintained.  To  establish  justice  was  one  of 
the  great  objects  sought  when  the  Constitution  of  the 
United  States  was  ordained  (1).  "The  most  sacred  of  the 
duties  of  a  government,"  said  Thomas  Jefferson,  ''is  to  do 
equal  and  exact  justice  to  all  its  citizens."  ''Justice," 
said  Alexander  Hamilton,  "is  the  end  of  government.  It 
is  the  end  of  civil  society.  It  ever  has  been  and  ever  will 
be  pursued  until  it  be  obtained,  or  until  liberty  is  lost  in 
the  pursuit." 

Fundamentals  of  American  Justice.  In  previous  chap- 
ters we  have  learned  of  the  organization  of  the  judicial 
machinery  that  has  been  set  up  for  administering  justice. 
It  is  the  duty  of  the  judges  in  the  courts  to  try  cases  upon 
their  merits  and  to  pronounce  judgment  with  the  view  of 
dispensing  even-handed  justice  to  all  parties  concerned. 
But  the  judge,  in  pronouncing  judgment,  is  not  free  tQ 

240 


JUSTICE  241 

follow  his  desires  or  his  whims  or  his  prejudices.  Far  in 
the  United  States  there  are  standards  and  principles  of 
justice,  which  bind  all  courts,  whether  municipal,  State, 
or  federal,  and  no  judge  in  any  court  can  lawfully  render 
a  decision  that  fails  to  measure  up  to  the  standards  or 
that  conflicts  with  the  principles.  Moreover,  no  person, 
whether  humble  or  exalted,  can  hope  to  ignore  the  stand- 
ards without  incurring  the  penalty  that  goes  with  the  do- 
ing of  an  injustice.  Many  of  the  fundamental  rules  of 
justice  are  clearly  stated  in  the  Constitution  of  the  United 
States  and  in  the  constitutions  of  the  several  States.  Of 
the  principles  that  have  universal  application,  those  that 
relate  to  life,  liberty,  property,  and  equality  before  the 
law  are  of  supreme  importance  and  must  therefore  re- 
ceive special  attention. 

I.  Life.  A  government  that  is  trying  to  be  just  will 
safeguard  human  life  in  every  possible  way.  And  this  is 
what  our  government  does.  No  person  in  America  can  be 
deprived  of  his  life  without  due  process  of  law  (138). 
When  the  life  of  a  man  is  at  stake,  he  may  demand  (1) 
that  there  be  a  court  of  law  for  the  trial  of  his  case;  (2) 
that  the  proceedings  of  the  trial  be  regular;  and  (3)  that 
the  trial  be  fair.  What  the  regular  course  of  procedure  in 
a  particular  State  shall  be  is  a  matter  for  the  State  itself 
to  determine;  but,  after  the  State  has  once  decided  upon 
the  course  that  justice  shall  take,  after  it  has  once  estab- 
lished the  processes  of  law,  it  can  not  deprive  any  person 
of  the  benefits  that  arise  from  the  processes.  The  features 
of  justice  arising  from  due  process  in  the  federal  courts 
may  be  learned  in  the  fifth,  sixth,  seventh,  and  eighth 
amendments  to  the  Constitution.  Those  that  arise  from 
due  process  in  the  courts  of  the  State  may  be  learned  in 
the  bill  of  rights  in  the  State  constitution.  Study  these 
amendments  and  study  the  bill  of  rights,  and  you  will 
learn  to  appreciate  the  truth  that  when  the  life  of  an  Amer- 
ican citizen  is  put  in  jeopardy,  government  may  always  be 
relied  upon  to  prevent  justice  from  going  awry. 


2^  THE  AMERICAN  DEMOCRACY 

II.  Liberty.  And  the  door  of  justice  is  always  open 
to  the  citizen  who  is  threatened  with  the  loss  of  his  free- 
dom. For  the  American  citizen  is  secure  in  his  personal 
liberty.  He  may  move  about  freely  from  place  to  place; 
he  may  choose  a  residence  and  live  in  the  place  of  his 
choice  for  as  long  a  time  or  as  short  a  time  as  he  desires; 
he  may  engage  in  whatever  lawful  occupation  he  may  see 
fit.  This  freedom  he  may  enjoy  without  let  or  hindrance, 
as  long  as  he  remains  a  law-abiding  citizen.  If  his  liberty 
is  interfered  with,  if  he  is  unlawfully  imprisoned  or  put 
into  confinement,  he  may  invoke  the  aid  of  the  writ  of 
habeas  corpus.  Whenever  a  man  is  placed  in  confinement 
against  his  will,  the  fact  may  be  made  known  to  a  judge 
of  a  court,  and  the  judge,  unless  he  knows  the  confinement 
to  be  legal,  is  bound  upon  application,  to  issue  immediately 
a  writ  of  habeas  corpus  commanding  the  prisoner  to  be 
brought  before  him  for  examination.  The  underlying  pur- 
pose of  the  habeas  corpus  proceeding  is  to  determine 
whether  the  person  in  whose  behalf  the  writ  is  sought  is 
detained  or  held  in  custody  lawfully  or  unlawfully.  If 
it  seems  to  the  judge  that  there  is  cause  for  the  deten- 
tion of  the  person,  he  is  sent  back  to  prison  to  await  a  full 
trial;  if  there  seems  to  be  no  cause,  he  is  promptly  set 
free.  The  privileges  of  this  beneficent  writ  are  granted 
to  all  persons  under  the  laws  of  the  States,  and  may  not 
be  suspended  by  the  federal  government  unless,  as  in  cases 
of  rebellion  or  invasion,  the  public  safety  may  require  it 
(64).  In  no  case,  however,  may  the  writ  be  suspended  by 
the  federal  government  unless  the  suspension  is  authorized 
by  Congress.  Thus  the  writ,  under  the  laws  of  the  State 
and  of  the  United  States  as  well,  is  available  as  a  power- 
ful instrument  for  securing  justice. 

III.  Property.  The  citizen  may  expect  justice  in  re- 
spect to  his  property  as  well  as  in  respect  to  his  life  and 
liberty.  For  in  America  the  machinery  of  justice  lends 
itself  fully  to  the  protection  of  property  rights.  If  a  man 
owns  a  thing  it  can  not  be  taken  from  him  without  due 


JUSTICE  243 

process  of  law  (138,  152).  If  any  one  attempts  unlawfully 
to  deprive  a  man  of  his  property,  government  will  come 
to  the  aid  of  the  owner.  If  a  mob  should  wantonly  de- 
stroy property  and  it  could  be  proved  that  the  destruction 
was  due  to  the  inefficiency  of  the  police,  the  local  govern- 
ment could  in  some  cases  be  compelled  to  make  good  the 
loss.  The  government  will  go  to  almost  any  length  in  its 
efforts  to  protect  property,  so  sacred  it  is  in  the  eyes  of  the 
law. 

There  is  a  limit,  however,  to  the  government's  respect 
for  property  rights.  If  lands  or  buildings  are  needed  for 
public  purposes,  the  government  will  take  them,  even 
though  the  owner  does  not  wish  to  part  with  them.  It 
will  do  this  through  exercise  of  the  power  of  eminent  do- 
mairiy  a  power  that  resides  in  the  State,  and  also,  by  im- 
plication, in  the  federal  government.  But  when  property 
is  taken  it  must  be  for  public  purposes,  and  the  owner 
must  be  fully  compensated  for  his  loss  (138).  So,  even 
when  the  power  of  eminent  domain  is  brought  into  use, 
there  is  no  confiscation  of  property. 

IV.  Equality  Before  the  Law.  In  the  fourteenth 
amendment  to  the  Constitution  it  is  provided  that  no  State 
shall  deny  any  person  within  its  jurisdiction  the  equal 
protection  of  the  laws  (152).  Here  is  the  guiding  star  of 
American  justice.  Government,  in  its  dealings  with  men 
seeking  justice,  must  treat  all  persons  alike;  it  must  not 
make  fish  of  one  and  fowl  of  another.  In  our  courts  at 
least,  the  words  of  the  Declaration  of  Independence  as- 
serting the  equality  of  all  men  are  something  more  than 
vain  and  empty  words.  ''Here,"  said  Senator  Charles 
Sumner,  speaking  of  the  fourteenth  amendment,  "is  the 
great  charter  of  every  human  being  drawing  vital  breath 
upon  this  soil,  whatever  may  be  his  condition  or  whoever 
may  be  his  parents.  He  may  be  poor,  weak,  humble,  or 
black;  he  may  be  of  Caucasian,  Jewish,  Indian,  or  Ethio- 
pian race ;  he  may  be  of  French,  German,  English,  or  Irish 
extraction;  but  before  the  Constitution  all  these  distinc- 


244  THE  AMERICAN  DEMOCRACY 

tions  disappear.  He  is  not  poor,  weak,  humble,  or  black; 
nor  is  he  Caueasian,  Jew,  Indian,  or  Ethiopian ;  nor  is  he 
French,  German,  English,  or  Irish.  He  is  Man,  the  equal 
of  all  his  fellow  men." 

A   Needed   Reform  in   the   Administration   of   Justice. 

While  our  laws  and  constitutions  provide  for  even-handed 
justice  to  all  men,  rich  and  poor,  strong  and  weak,  it  is 
nevertheless  true  that  in  one  respect  at  least  our  system 
of  justice  is  not  working  as  well  as  it  ought  to  work.  The 
very  poor  do  not  find  it  as  easy  to  secure  justice  as  we 
would  like  them  to  find  it.  When  they  wish  to  go  into 
court  with  their  little  troubles,  they  too  often  find  three 
things  standing  in  their  way:  delay  in  the  trial  of  their 
cases,  court  fees,  and  the  expenses  of  employing  a  lawyer. 
Let  us  illustrate  their  difficulties  by  a  typical  case.  Here 
is  a  wage-earner  with  a  claim  for  ten  dollars  for  which  he 
has  given  honest  toil.  He  knows  that  the  money  is  due 
him  and  that  he  could  secure  favorable  judgment  in  a 
court.  But  he  finds  that  if  he  should  bring  suit  he  would 
have  to  wait  months  before  he  would  be  able  to  collect  the 
money,  which  he  needs  at  once.  So  he  hesitates  to  go  into 
court  with  the  claim  because  of  the  delay.  Then,  he  is 
discouraged  by  the  cost  of  the  suit ;  for  he  finds  that  he  can 
not  escape  court  fees  and  witness  fees  amounting  to  a  con- 
siderable portion  of  his  little  claim.  But  worse  than  the 
delay  or  the  court  fees  is  the  expense  of  employing  a  law- 
yer; for  usually,  in  the  trial  of  a  case,  a  lawyer  is  almost 
as  necessary  as  a  judge.  When  our  claimant  reflects  that 
the  lawyer 's  fee  alone  would  amount  perhaps  to  as  much  as 
the  claim,  he  decides  not  to  sue  for  his  money.  He  either 
compromises  with  the  dishonest  man  who  employed  him, 
by  accepting  a  part  of  what  is  due  him,  or  he  goes  unpaid. 
Thus  delay  and  costs  and  the  lawyer's  fee  prevent  this  poor 
man  from  entering  the  halls  of  justice. 

It  must  not  be  thought  that  cases  like  the  above  are  few 
in  number,     A  recent  painstaking  investigation  presents 


JUSTICE  245 

an  array  of  facts  showing  that  a  very  large  number  of 
our  citizens  fail  to  receive  justice,  and  that  the  failure  is 
due  solely  to  their  poverty/  Not  that  there  is  any  discrim- 
ination against  the  poor  in  the  courts,  for  there  is  not.  In 
our  temples  of  justice  rich  and  poor  are  treated  alike.  The 
whole  trouble  lies  in  the  fact  that  the  very  poor  find  it  dif- 
ficult to  get  their  cases  into  court. 

This  particular  defect  in  the  administration  of  justice  is 
so  grave  that  statesmen  are  demanding  a  reform.  Recently 
ex-President  Taft,  speaking  of  reforms  in  the  administration 
of  justice,  said:  "We  must  make  it  so  that  the  poor  man 
will  have  as  nearly  as  possible  an  equal  opportunity  in  liti- 
gating as  the  rich  man;  and  under  present  conditions,  as 
ashamed  as  we  may  be  of  it,  this  is  not  the  fact. ' ' 

In  many  places  the  cause  of  the  poor  has  found  cham- 
pions, and  reforms  have  been  undertaken.  In  Kansas, 
some  years  ago,  the  attorney-general — so  the  story  runs — 
having  learned  that  a  well-to-do  man  refused  to  pay  a  cer- 
tain washerwoman  three  dollars  that  he  owed  her,  and  that 
she  was  unable  to  bring  suit  because  of  her  poverty,  de- 
termined that  government  in  such  cases  ought  to  lend  a 
helping  hand.  Accordingly  he  drew  up  a  bill  providing 
for  the  establishment  of  small  debtors  courts,  in  which 
cases  involving  sums  not  exceeding  twenty  dollars  might 
be  speedily  tried  without  any  costs  at  all  and  without  the 
services  of  a  lawyer.  His  bill  was  passed,  and  to-day  there 
are  small  claims  courts  in  Topeka,  Leavenworth,  and 
Kansas  City  dispensing  justice  to  the  poor  promptly  and 
without  expense..  Likewise  in  Cleveland,  Chicago,  Min- 
neapolis, and  Portland  (Oregon)  there  are  courts  where 
the  poor  may  receive  justice  at  little  or  no  expense.  In 
Los  Angeles  there  is  a  public  officer,  known  as  the  police 
court  defender,  who  without  charge  defends  persons  ac- 
cused of  crime,  asks  mercy  when  mercy  is  deserved,  and 
assists  the  judge  in  a  just  disposition  of  criminal  cases. 

1  See  Justice  and  the  Poor,  a  bulletin  prepared  by  Reginald  Heber  Smith 
and  published  by  the  Carnegie  Foundation  for  the  Advancement  of  Teaching. 


246  THE  AMERICAN  DEMOCRACY 

Also  in  Omaha  and  Columbus  provision  has  been  made  for 
the  office  of  public  defender.  Thus  the  path  to  this  needed 
reform  has  already  been  blazed. 

*'Piat  Justitia."  Public-spirited  citizens  must  join  in  this 
movement  and  carry  the  good  work  forward  with  all  pos- 
sible speed.  For  it  is  just  as  necessary  that  everybody 
shall  receive  justice  as  it  is  thaf  everybody  shall  obey  the 
law.  Champions  of  democracy  and  human  rights,  there- 
fore, should  not  cease  in  their  labors  until  every  barrier 
to  justice  is  removed,  until  it  is  impossible  for  any  person  to 
say  with  truth  that  the  door  of  justice  is  closed  against 
him.  If  they  shall  persevere  in  this  high  endeavor,  rich 
indeed  will  be  their  reward.  ''Whoever  labors,*'  says 
Daniel  "Webster,  ''on  the  edifice  of  justice  with  usefulness 
and  distinction,  strengthens  its  pillars,  adorns  its  entab- 
latures, or  contributes  to  raise  its  august  dome  still  higher 
to  the  skies,  connects  himself  in  name  and  fame  and  charac- 
ter with  that  which  is  and  must  be  as  durable  as  the  fame 
of  human  society." 

Questions  on  the  Text 

1.  Why  is  the  administration  of  justice  the  highest  function  of 
government  ? 

2.  What  safeguards  are  thrown  around  human  life  in  America? 

3.  In  what  way  is  personal  liberty  made  secure? 

4.  To  what  extent  is  property  sacred  in  the  eyes  of  the  law? 

5.  What  is  meant  by  equality  before  the  law? 

6.  Why  do  the  very  poor  often  find  it  difficult  to  obtain  justice? 
What  efforts  have  been  made  to  assist  the  poor  when  seeking  justice? 

7.  Why   should   citizens  assist   in   carrying  forward   reforms   of 
this  kind?  * 

Suggestive  Questions  and  Exeecises 

1.  What  provisions  are  made  in  the  constitution  of  the  State  for 
securing  justice? 

2.  What  provisions  are  made  in  the  Constitution  of  the  United 
States  for  securing  justice? 

3.  Frame  a  definition  of  justice. 

4.  Have  any  instances  of  injustice  at  the  hands  of  the  govern- 


JUSTICE  247 

ment  been  brought  to  your   attention?     If   so,  was   the  failure  to 
render  justice  due  to  the  laws  or  to  the  officers  of  the  government? 

5.  Of  the  safeguards  of  justice  mentioned  in  the  text,  which  is 
the  most  important? 

6.  What  did  Jefferson  mean  when  he  said  (in  the  Declaration  of 
Independence)   that  all  men  are  equal? 

7.  Do  the  poor  in  this  community  suffer  because  they  find  it  hard 
to  secure  justice?  Have  any  special  courts  been  established  in  this 
State  to  make  it  easier  for  the  poor  to  secure  justice?  If  so,  de- 
scribe the  organization  and  workings  of  such  courts. 

8.  Is  there  need  in  this  State  for  reform  in  the  administration  of 
justice?     If  so,  what  reforms  would  you  suggest? 

Topics  for  Speciax  Work 

1.  Delays  in  the  Enforcement  of  the  Law:  Reinsch,  173-180. 

2.  Justice  and  the  Poor:    Reginald  Heber   Smith's  Bulletin,  pub- 

lished by  the  Carnegie  Foundation  for  the  Advancement  of 
Teaching. 

3.  Justice  and  Charity:   Zueblin,  149-176. 

4.  Due  Process  of  Law:  Munro,  291-294. 


XXXI 
DEFENSE 

Foremost  among  the  functions  of  government  is  that  of  providing 
a  defense  against  public  foes.  What  is  the  American  system  of  na- 
tional defense?  What  is  our  policy  in  respect  to  military  matters? 
Upon  what  does  the  State  rely  for  protection  against  attack? 

Defense  an  Indispensable  Function  of  Government.  De- 
fense against  public  foes  is  an  indispensable  function  of 
government.  Every  nation  has  its  enemies,  external  aad 
internal.  A  foreign  power,  impelled  by  avarice  or  am- 
bition or  revenge  or  envy,  may  wage  war  upon  us,  or  a 
lawless  element  at  home  may  threaten  the  security  of  life 
and  property.  The  principle  of  self-preservation  requires 
that  a  nation  be  prepared  to  resist  the  attacks  of  both  these 
classes  of  foes,  and  self-respect  demands  that  resistance 
be  actually  offered  when  offense  is  given.  The  doctrine 
that  we  should  passively  fold  our  arms  and  not  resist  an 
attack  upon  our  persons  or  an  invasion  of  our  country  is 
contrary  to  the  teachings  of  experience  and  to  the  facts 
of  human  nature.  Hasten  the  day  when  war  and  lawless- 
ness shall  cease;  but  until  they  shall  cease  nations  must 
be  prepared  to  meet  force  with  force. 

National  Defense.  The  Constitution  has  made  it  possibU 
for  the  entire  fighting  strength  of  the  American  nation  to 
be  hurled  against  an  enemy.  For  Congress  has  the  power 
of  raising  and  supporting  armies  and  navies  (56,  57)  and 
of  making  rules  for  their  control  (58),  and  in  the  exercise 
of  this  power  it  is  practically  unfettered.  It  may  avail 
itself  of  every  dollar  of  the  nation's  wealth  and  of  every 
man  fit  for  military  service.     The  power  to  declare  war 

248 


DEFENSE  249 

also  rests  with  Congress  (55),  although  the  President  by 
his  acts  may  bring  matters  to  such  a  pass  that  war  is 
inevitable.  Still,  responsibility  for  the  formal  declaration 
of  war  rests  with  Congress,  not  with  the  President. 

The  instruments  of  national  defense  are  the  army  and  the 
navy. 

I.  The  'American  Army.  The  first  Congress  that  met 
(in  1789)  created  a  Department  of  War  and  the  office  of 
Secretary  of  "War,  and  made  plans  for  a  national  army. 
The  regular  army  established  by  the  new  government  con- 
sis  I;ed  of  only  a  few  thousand  men — a  force  just  sufficient 
to  keep  the  Indians  in  order.  The  policy  of  maintaining 
a  small  standing  army,  inaugurated  in  the  beginning  of 
our  history,  has  been  continued  to  the  present  time.  In 
time  of  war  we  have  put  into  the  field  more  than  four 
million  men;  but  in  times  of  peace  our  army  has  always 
been  small — ridiculously  small  when  compared  with  the 
standing  armies  of  the  great  powers  of  Europe. 

The  policy  of  supporting  a  regular  army  no  larger  than 
is  consistent  with  national  safety  is  undoubtedly  sound. 
The  army  is  always  under  the  control  of  the  executive  (92), 
and  if  it  were  overwhelmingly  large  it  might  be  used — as 
in  the  history  of  nations  it  often  has  been  used — for  bring- 
ing on  a  war  that  might  have  been  avoided.  Then,  a 
stupendous  standing  army  means  the  reign  of  militarism 
within  the  state,  and  militarism  is  only  another  word  for 
despotism.  Moreover,  a  large  standing  army  is  maintained 
at  an  enormous  cost.  For,  next  to  the  cost  of  war  itself, 
the  costliest  thing  in  the  world  is  armament  in  times  of 
peace.  Congress  may  provide  for  a  large  army  or  a  small 
one,  as  it  seems  fit;  but  the  provision  can  not  last  longer 
than  two  years  (56).  In  plax^ing  this  limitation  upon  Con- 
gress, the  Constitution  makes  it  impossible  for  a  large 
standing  army  to  be  imposed  permanently  upon  the  people 
without  their  consent.  At  present  the  regular  army  of  the 
United  States  numbers  about  150,000  men. 

In  an  emergency,  when  the  regular  army  is  too  small 


250  THE  AMERICAN  DEMOCRACY 

for  immediate  needs,  the  federal  government  may  call  the 
militia  to  its  assistance.  The  militia  consists  of  practically 
every  able-bodied  man  in  the  United  States  between  the 
ages  of  eighteen  and  forty-five.  The  full  strength  of  the 
militia  is  something  like  25,000,000  men;  but  this  is  the 
unorganized  strength.  The  organized  militia,  known  as 
the  National  Guard,  consists  of  less  than  100,000  men. 

For  purposes  named  in  the  Constitution  (59),  the  Presi- 
dent calls  the  militia  into  service,  specifying  the  number 
of  troops  each  State  is  to  furnish.  If  a  State  should  fail 
to  furnish  its  quota,  the  number  of  men  required  would 
be  enrolled  under  the  authority  of  the  President.  While 
in  the  service  of  the  United  States  the  militia  is  subject  to 
the  rules  and  discipline  of  the  regular  army  (60),  although 
its  officers  are  appointed  by  State  authority. 

Soldiers,  both  for  the  regular  army  and  for  the  National 
Guard,  are  recruited  under  the  volunteer  system.  "When 
troops  additional  to  the  regular  army  are  needed,  the  Presi- 
dent may  call  for  volunteers,  requesting  from  each  State 
a  number  apportioned  to  its  population.  When  a  sufficient 
number  of  volunteers  can  not  be  obtained,  there  must  be 
a  draft.  The  names  of  those  fit  for  military  service  are 
secured,  and  from  these  the  required  number  is  drawn, 
usually  by  lot.  During  the  Civil  War  the  draft  was  brought 
into  use  and  in  1917-18  the  names  of  nearly  24,000,000 
men  were  registered  under  the  Selective  Draft  Act,  which 
provided  for  the  drafting  of  soldiers  for  the  army  that  wa^ 
thrown  against  Germany. 

The  President  is  officially  commander-in-chief  of  the 
regular  army  and  of  the  militia  when  it  is  in  the  service 
of  the  United  States  (92).  A  President  has  never  person- 
ally directed  the  movements  of  armies  in  the  field.  The 
real  management  of  a  war  falls  upon  the  Secretary  of  War, 
the  head  of  the  War  Department.  This  officer  has  super- 
vision of  the  army  in  times  of  war  as  well  as  in  times  of 
peace.  He  acts  through  the  chief  of  a  staff  of  trained  of- 
ficers who  have  direct  control  of  the  troops.    A  most  im- 


DEFENSE  251 

portant  duty  of  the  Secretary  of  War  is  to  care  for  the 
material  welfare  of  the  army.  In  this  he  is  assisted  by  the 
quartermaster-general,  who  attends  to  the  clothing  and  the 
transportation  of  troops;  by  the  commissary-general,  who 
supplies  the  food ;  by  the  chief  of  ordnance,  who  supplies 
the  arms;  by  the  surgeon-general,  who  provides  medicine 
and  assistance  for  the  sick  and  wounded ;  by  the  adjutant- 
general,  who  conducts  the  correspondence  of  the  War  De- 
partment. 

It  is  estimated  that  ten  per  cent,  of  the  population  and 
wealth  of  the  United  States  is  situated  on  the  sea-coast, 
exposed  to  destruction  by  hostile  naval  forces.  The  de- 
fense of  this  life  and  property  is  the  duty  of  the  War  De- 
partment. The  great  seaports  are  defended  by  land  bat- 
teries, consisting  usually  of  powerful  guns  which  rise  from 
a  pit,  discharge  their  shells,  and  disappear  to  be  reloaded. 
The  waters  in  the  neighborhood  of  a  seaport  may  be  sown 
with  torpedoes  which  may  be  exploded  by  an  electric  spark 
produced  by  an  operator  on  shore.  The  difficulty  of  de- 
fending a  seaport  is  very  great,  for  a  modern  battle-ship 
can  shell  a  city  if  it  is  allowed  to  approach  within  ten  miles 
of  it.  Nevertheless,  we  have  along  our  coast  guns  that  can 
hurl  projectiles  a  distance  of  twenty  miles. 

II.  The  American  Navy.  The  affairs  of  the  navy  were 
managed  by  the  War  Department  until  1798,  when  Congress 
established  the  Department  of  the  Navy,  and  created  the 
office  of  Secretary  of  the  Navy.  The  President  is  com- 
mander-in-chief of  the  navy,  as  he  is  of  the  army,  but  he 
delegates  his  authority  to  the  Secretary  of  the  Navy.  Of 
course  the  actual  fighting  is  done  by  trained  seamen. 

In  recent  years  systematic  efforts  have  been  made  to 
build  up  a  strong  American  navy,  and  in  the  war  with  Ger- 
many it  was  shown  that  these  efforts  have  not  been  made 
in  vain.  We  have  a  navy  upon  which  we  may  rely.  Our 
ships  have  endurance  and  speed,  and  our  guns  fire  quickly 
and  surely.  In  its  fighting  strength  our  navy  ranks  second 
among  the  navies  of  the  world. 


252  THE  AMERICAN  DEMOCRACY 

State  Defense.  For  the  defense  of  life  and  property 
within  its  borders,  the  State  in  most  cases  relies  wholly 
upon  its  citizen  soldiers,  its  militia.  The  right  of  a  State 
to  the  serAdces  of  a  well  regulated  militia  is  guaranteed  by 
the  Constitution  (134).  In  times  of  war,  as  we  have  seen, 
the  militia  is  under  the  control  of  the  President,  but  in 
times  of  peace  it  is  subject  to  the  orders  of  the  governor. 
"When  the  laws  of  the  State  are  resisted  and  the  local  au- 
thorities are  unable  to  suppress  the  lawlessness,  the 
governor  sends  the  militia  to  the  assistance  of  the  local 
forces.  If  the  militia  is  unable  to  suppress  the  law-break- 
ers, the  State  legislature,  or  the  governor,  may  make  ap- 
plication for  aid  to  the  President  (121),  who,  if  the  case 
seems  to  warrant  it,  will  send  troops  of  the  regular  army 
to  the  scene  of  disorder.  If  the  lawlessness  interferes  with 
the  operation  of  the  federal  government,  as  with  the  carry- 
ing of  its  mails,  or  if  it  obstructs  interstate  commerce, 
the  President  may  send  federal  troops  and  suppress  the  law- 
breakers without  waiting  for  an  application  from  the  State 
authorities. 

In  a  few  States  there  have  been  created  special  central 
agencies  of  defense  in  the  form  of  State  constabularies. 
Thus  in  Pennsylvania  the  State  government  maintains  a 
police  force  consisting  of  several  hundred  trained  men. 
The  members  of  this  constabulary  are  empowered  to  make 
arrests  without  warrant,  in  any  part  of  the  State,  for  any 
violations  of  the  law  that  they  may  witness.  The  State 
police  force  cooperates  with  the  local  authorities  in  pre- 
serving law  and  order.  The  chief  purpose  of  such  a  State 
constabulary  is  to  assist  in  suppressing  mob  violence. 

Local  Defense.  Besides  the  militia,  there  are  two  other 
upholders  of  law  and  order  within  the  State.  These  are 
the  sheriff  and  his  posse,  and  the  local  police  force.  The 
posse  {posse  cormtatus,  the  county  force)  consists  of  all 
the  able-bodied  men  in  a  county  (or  city).  These  the 
sheriff  may  call  to  his  aid  at  any  time  to  suppress  violence. 


DEFENSE  253 

although  men  who  have  not  been  drilled  and  disciplined 
are  not  likely  to  render  efficient  service.  The  local  police- 
men and  constables,  of  whom  there  are  more  than  one  hun- 
dred thousand  in  the  United  States,  are  the  every-day 
guardians  of  the  public  peace.  They  are  ''the  eyes  and 
ears  as  well  as  the  hands  of  the  body  politic ;  not  only  the 
means  of  governmental  apprehension,  but  of  discovery ;  the 
agents  of  prevention  as  well  as  of  cure." 

Civil  Government  and  Martial  Law.  It  should  be  noticed 
that  in  the  United  States  those  who  wield  the  sword  are 
under  the  control  of  civil  officers.  The  general  obeys  the 
President,  the  officers  of  the  militia  take  their  orders  from 
the  governor,  the  police  are  controlled  by  a  board  of  civil- 
ians. This  subordination  of  the  military  to  the  civil  power 
accords  strictly  with  American  notions  of  government.  We 
have  no  place  in  our  system  for  martial  law — law  admin- 
istered by  soldiers  and  at  variance  with  the  principles  of 
civil  liberty.  By  suspending  the  writ  of  habeas  corpus, 
citizens  may  be  temporarily  deprived  of  their  civil  rights 
and  placed  under  martial  law;  but  this  can  be  done  only 
in  the  name  of  the  public  safety  (64).  A  State  can  not 
maintain  armed  troops  in  time  of  peace  and  thus  threaten 
the  permanency  of  civil  rights  (76).  Neither  can  the 
federal  government  in  time  of  peace  harass  the  people  by 
quartering  soldiers  in  the  homes  of  citizens  without  their 
consent  (135)  ;  and  even  in  time  of  war  such  quartering 
must  be  done  under  the  authority  of  civil  and  not  under 
the  authority  of  military  law.  Thus,  while  we  make  ample 
provision  for  the  defense  of  the  nation  and  the  State, 
we  take  every  precaution  to  prevent  the  instruments  of 
defense  themselves  from  becoming  a  menace  to  civil  govern- 
ment and  to  civil  liberty. 

Questions  on  the  Text 

1.  What  causes  compel  a  nation  to  provide  a  defense  against  pos- 
sible foee? 

2.  What  military  powers  does  the  Constitution  give  to  Congress? 


254  THE  AMERICAN  DEMOCRACY 

3.  What  has  been  the  policy  of  the  United  States  in  reference  to 
a  standing  army?  What  are  the  disadvantages  of  a  large  standing 
army? 

4.  What  does  the  Constitution  provide  in  reference  to  the  militia? 

5.  What  are  volunteers?     What  is  a  draft? 

6.  Name  the  principal  officers  who  conduct  a  war  and  state  their 
duties.     How  is  the  sea-coast  defended? 

7.  What  has  been  the  policy  of  the  United  States  in  reference  to 
its  nav'y? 

8.  Describe  the  militia  system  of  a  State. 

9.  W^hat  is  a  posse  comitatus?  What  are  the  functions  of  the 
local  police? 

10.  Explain  how  the  military  is  kept  subordinate  to  the  civil  au- 
thority of  the  United  States. 

Suggestive  Questions  and  Exebcises 

1.  What  have  been  the  most  fruitful  causes  of  war  in  the  past? 

2.  In  which  century  in  the  history  of  the  world  have  the  greatest 
wars  occurred? 

3.  Name  five  great  military  heroes.  Should  the  incomparable 
honor  that  is  accorded  to  military  heroes  be  set  down  as  one  of  the 
causes  of  war? 

4.  What  does  the  United  States  spend  each  year  upon  its  army 
and  navy?  What  is  this  State's  share  of  this  amount?  Compare 
this  with  the  amount  spent  by  the  State  for  its  public  schools. 

5',  Why  should  Iowa  as  well  as  New  Jersey  contribute  to  the  sup- 
port of  the  navy? 

6.  Name  a  war  that  has  been  a  blessing  to  mankind.     Explain. 

7.  What  is  said  in  the  constitution  of  this  State  in  reference  to  a 
militia?  in  reference  to  the  subordination  of  the  military  to  the  civil 
power  ? 

8.  Of  how  many  men  does  the  entire  militia  of  this  State  con- 
sist?    Of  how  many  does  the  organized  militia  consist? 

9.  What  services  has  the  militia  of  this  State  rendered  in  recent 
years  ? 

10.  Which  could  we  more  safely  dispense  with,  school-houses  or 
battle-ships?     Could  we  have  one  without  the  other? 

11.  Contrast  the  evils  attending  war  with  its  beneficent  features. 

12.  Do  you  sincerely  wish  that  there  will  never  be  another  war? 
What  things  can  you,  as  an  individual,  do  to  help  the  cause  of 
peace  ? 

Topics  foe  Special  Work 

1.  War  Power  and  Civil  Rights:  Johnson,  482-490. 

2.  Martial  Law  and  the  Constitution:  Johnson,  491-499. 

3.  The  Finances  of  a  War:   Carver,  514-527. 

4.  The  Pennsylvania  Constabulary:    Reinsch,  217-222. 

5.  The  War  Powers:  Munro,  265-276. 


XXXII 

INTERNATIONAL  RELATIONS 

A  governmental  service  of  the  highest  importance  is  the  manage- 
ment of  international  affairs.  In  this  chapter  we  shall  learn  of  the 
principles  that  guide  nations  in  their  dealings  with  each  other,  and 
of  the  methods  by  which  diplomatic  intercourse  between  the  United 
States  and  other  nations  is  established  and  maintained. 

International  Affairs  Regulated  by  the  Federal  Govern- 
ment. The  power  to  direct  foreign  relations  is  a  sover- 
eign power,  which  belongs  in  the  United  States  to  the 
federal  government.  International  affairs  have  never  been 
regulated  by  the  State  at  any  stage  of  our  national  de- 
velopment. Under  the  Articles  of  Confederation,  rela- 
tions with  foreign  countries  were  conducted  by  Congress; 
under  the  Constitution  the  State  is  expressly  forbidden 
to  enter  into  political  relations  with  foreign  countries  (72), 
and  the  management  of  international  affairs  is  given  to 
the  President  and  the  Senate. 

International  Law.  Progressive  nations  have  not  isolated 
themselves  from  other  nations.  Ancient  Egypt  refused  to 
defile  itself  by  contact  with  other  peoples,  and  its  civiliza- 
tion soon  perished.  The  Greeks  and  Romans,  on  the  other 
hand,  went  among  strangers,  traded  with  them,  learned 
from  them,  made  leagues  of  friendship  with  them,  and 
thus  developed  a  civilization  that  became  the  inheritance 
of  all  succeeding  ages.  The  states  of  Europe,  which  were 
built  upon  the  ruins  of  the  Roman  Empire,  could  not 
live  wholly  to  themselves.  In  spiritual  matters  they  were 
one.     Their  universities  were  places  whither  all  might  re- 


256  THE  AMERICAN  DEMOCRACY 

pair,  and  students  from  England  found  their  way  to 
Salerno,  and  scholars  from  Italy  wandered  to  Oxford. 
Their  commerce  caused  cities  as  far  apart  as  Riga  and 
London  to  unite  for  mutual  protection.  Above  all,  their 
incessant  wars  made  a  policy  of  seclusion  impossible. 

Out  of  this  intercourse  between  the  countries  of  Europe 
there  gradually  came  into  existence  a  body  of  rules  which 
states,  in  their  dealings  with  one  another,  recognized  as 
binding.  In  modern  times  these  rules  have  received  the 
name  of  international  law.  We  may,  therefore,  define  in- 
ternational law  as  that  set  of  rules  which,  having  received 
the  acceptance  of  civilized  states,  determines  the  conduct 
of  such  states  in  their  dealings  with  one  another.  A  few 
of  the  most  important  of  these  rules  are: 

(1)  A  state  must  protect  the  aliens  within  its  borders 
from  violence  to  person  and  property. 

(2)  Ambassadors  and  ministers  are  exempt  from  arrest 
and  their  persons  are  sacred.  The  buildings  they  occupy 
are  extra-territorial. 

(3)  The  high  seas  must  be  regarded  as  belonging  to  no 
nation. 

(4)  The  territory  of  a  maritime  state  must  be  regarded 
as  including  the  sea  to  the  distance  of  three  miles  along 
the  coast. 

(5)  A  state  is  sovereign  in  its  own  territory  and  must 
be  permitted  to  manage  its  internal  affairs  in  its  own  way. 

(6)  A  neutral  state  (one  not  engaged  in  war)  must  pro- 
hibit belligerent  operations  within  its  territory. 

(7)  Property  taken  in  warfare  belongs  to  the  state,  not 
to  the  individual  captor. 

(8)  A  belligerent  may  station  ships  at  the  ports  of  an 
enemy  and  forbid  the  egress  and  ingress  of  neutral  vessels. 
(Blockade.) 

(9)  An  enemy's  goods  upon  a  neutral  vessel  must  be 
spared  unless  the  goods  are  *' contraband  of  war." 

(10)  If  possible,  enemies  must  be  taken  prisoners  rather 
than  killed. 


INTERNATIONAL  RELATIONS  257 

(11)  Non-combatants  and  private  property  are  privil- 
eged. 

(12)  Weapons  causing  needless  pain  are  not  to  be  used. 
The  above  rules  are  not  positive  laws,  for  they  have  not 

emanated  from  a  legislative  source.  Thej^  have  sprung 
from  centuries  of  custom,  from  numerous  agreements  be- 
tween nation  and  nation,  and  from  the  moral  judgment  of 
mankind.  A  rule  of  international  law  does  not  have  the 
sanction  of  a  state  behind  it,  but  it  has  a  sanction  which  is 
very  strong:  it  has  the  compelling  power  of  the  public 
opinion  of  the  world.  If  a  state  should  refuse  to  obey  one 
of  the  laws  of  nations  it  would  have  to  face  the  protest  and 
indignation  of  the  civilized  globe,  and  if  it  should  be  per- 
sistent in  its  refusal  it  would  be  "thrown  out  of  the  pale 
of  civilized  comity,  just  as  you  and  I  would  be  expelled 
from  the  social  pale  if  we  offended  against  the  unwritten 
law  of  society." 

Ambassadors  and  Ministers.  The  international  affairs  of 
a  state  are  conducted  by  its  diplomatic  representatives,  of 
whom  the  ambassador  is  the  highest  in  rank.  The  ambas- 
sador represents  the  person  of  the  executive  of  the  coun- 
try from  which  he  comes,  and  for  this  reason  he  receives 
the  highest  personal  respect  and  consideration.  A  min- 
ister, who  is  next  to  an  ambassador  in  rank,  represents 
the  government  from  which  he  comes,  but  not  the  per- 
sonality of  the  executive.  In  foreign  courts  an  ambas- 
sador, being  a  personal  representative  of  a  ruler,  is 
admitted  to  an  audience  with  officials  before  a  minister. 
For  a  long  time  a  minister  was  the  highest  diplomatic 
representative  of  the  United  States;  but  when  it  was 
found  that,  under  the  rules  of  precedence  in  favor  of  am- 
bassadors, a  minister  of  the  United  States  was  sometimes 
kept  waiting  for  an  official  audience  while  the  ambassador 
of  some  petty  kingdom  was  being  received.  Congress  (in 
1893)  created  the  rank  of  ambassador.  In  about  fifteen 
of  the  principal  countries  of  the  world  the  United  States 


258  THE  AMERICAN  DEMOCRACY 

is  represented  by  ambassadors.  In  countries  where  we  are 
not  thus  represented  we  have  ministers. 

Ambassadors  and  ministers,  their  property  and  their 
households,  are  exempt  from  the  laws  of  the  country  to 
which  they  are  accredited.  The  residence  of  a  foreign 
minister  is,  according  to  international  law,  a  little  patch 
of  territory  under  the  dominion  of  the  country  that 
the  minister  represents.  If  a  Chinese  minister  at  Wash- 
ington should  commit  a  crime,  Chinese  and  not  American 
authorities  must  try  the  case  and  administer  the  punish- 
ment. If  a  case  should  arise  where  a  judicial  decision 
affecting  diplomatic  agents  is  necessary,  it  must  be  taken 
directly  to  the  Supreme  Court,  no  matter  how  trivial  it 
might  be  (110). 

The  duties  of  a  diplomatic  representative  depend  upon 
the  powers  that  his  government  has  conferred  upon  him 
and  upon  the  relations  that  exist  between  his  govern- 
ment and  the  one  to  which  he  is  sent.  In  general,  he  rep- 
resents and  defends  the  interests  of  his  country.  He  keeps 
the  home  government  informed  upon  topics  of  public  in- 
terest especially  upon  political  topics;  but  he  must  not  in- 
terfere in  any  way  with  the  politics  of  the  country  in  which 
he  resides.  When  a  treaty  is  to  be  made,  the  ambassador 
(or  minister)  usually  serves  as  the  channel  of  negotiation. 
This  is  true  also  when  there  is  a  diplomatic  controversy 
that  is  the  subject  of  diplomatic  adjustment. 

Consuls.  In  addition  to  its  purely  diplomatic  representa- 
tives, nearly  every  nation  maintains  in  foreign  countries 
agents  known  as  consuls.  A  consul  is  a  business  agent  of 
a  government,  sent  to  a  seaport  or  inland  city  to  look  after 
the  welfare  of  citizens  of  his  country.  He  does  not  rep- 
resent a  government,  he  is  not  a  diplomatic  agent,  and 
he  does  not  enjoy  the  honors  and  immunities  of  a  minister. 
Sometimes  a  consul-general  is  appointed  to  supervise  all 
the  consuls  in  the  country  to  which  he  is  sent. 

The  first  duty  of  a  consul  is  to  aid  his  countrymen  in 


INTERNATIONAL  RELATIONS  259 

securing  commercial  and  legal  rights.  Among  his  other 
duties  are  the  following:  He  places  the  consular  seal 
upon  official  acts  of  the  foreign  government.  He  certifies 
to  marriages,  births,  and  deaths  among  his  countrymen  in 
his  consular  district.  He  certifies  invoices.  He  admin- 
isters on  the  personal  property  of  deceased  persons,  when 
there  is  no  representative  at  hand.  He  is  by  treaty  fre- 
quently made  the  legal  representative  of  the  non-resident 
heirs  of  a  deceased  countryman.  A  consul  receives  applica- 
tions for  passports,  and,  when  specifically  authorized  to 
do  so,  grants  them.  He  also  grants  passports  in  the  absence 
of  the  regular  diplomatic  representatives. 

Still  another  function  of  the  consul  is  to  aid  in  the  ex- 
tension of  our  foreign  trade.  It  is  his  duty  to  study  in  a 
special  way  the  industrial  conditions  existing  in  his  con- 
sular district.  He  must  learn  what  his  district  needs  in 
the  way  of  materials  and  manufactured  articles,  and  must 
investigate  such  subjects  as  tariffs,  commercial  transactions, 
navigation,  manufacturing  industries,  and  report  to  the 
government  at  Washington  the  result  of  his  investigations. 

The  President  the  Head  of  Foreign  Affairs.  In  interna- 
tional matters  the  President  has  very  large  powers  of  con- 
trol. He  appoints  all  ambassadors,  ministers,  consuls,  and 
other  representatives  and  agents  accredited  to  foreign  coun- 
tries. Such  appointments,  however,  must  be  confirmed  by 
the  Senate  (96).  Where  an  international  issue  is  involved, 
the  President  is  the  spokesman  for  the  nation.  He  com- 
monly acts,  however,  through  the  Secretary  of  State,  who 
is  the  titular  head  of  foreign  affairs.  Through  the  Secre- 
tary of  State,  the  President  receives  the  ambassadors  and 
ministers  of  other  countries  upon  their  arrival  in  Washing- 
ton (102).  In  case  a  foreign  diplomatic  officer  should 
abuse  his  privilege  as  such,  the  President  would  either 
request  his  recall  or  send  him  out  of  the  country. 

Treaties.  When  two  or  more  nations  are  at  war  and  desire 
peace,  or  if  in  times  of  Deace  their  commercial  systems  or 


260  THE  AMERICAN  DEMOCRACY 

commercial  relations  require  adjustment,  or  if  their  bound- 
aries need  to  be  defined,  they  may  accomplish  any  of 
these  objects  by  entering  into  a  solemn  compact,  which 
usually  takes  the  form  of  a  treaty.  A  treaty,  when  con- 
cluded and  ratified  by  the  governments  of  the  signatory 
powers,  becomes  the  law  for  all  the  states  entering  into 
the  compact.  A  treaty  concluded  by  the  federal  govern- 
ment is  the  supreme  law  of  the  land  (126),  and  any  State 
law  in  conflict  with  a  treaty  that  is  constitutional  is  null 
and  void.  Since  a  treaty  is  simply  a  law.  Congress  may 
repeal  a  treaty  by  passing  a  law  contrary  to  its  provisions, 
or  an  existing  law  may  be  repealed  by  the  terms  of  a 
new  treaty.  A  treaty  that  is  contrary  to  the  Constitution 
is  void. 

If  a  citizen  violates  a  treaty  his  government  will  punish 
him  as  a  violator  of  a  law;  but  suppose  the  state  itself 
should  violate  one  of  its  treaties,  is  there  a  power  to  punish 
the  state?  There  is  no  power  but  the  sword  of  the  ag- 
grieved country.  The  violation  of  treaty  obligations  is  uni- 
versally regarded  as  a  just  cause  of  war.  But  suppose  a 
powerful  state  violates  a  compact  that  it  has  made  with 
a  puny  state?  In  such  a  case  punishment  through  war  is 
out  of  the  question,  and  the  weak  state  must  rely  upon 
the  natural  operation  of  the  law  of  nations.  ''In  the  eye 
of  international  law  treaties  are  made  to  be  kept,"  and  if 
a  powerful  nation  persistently  and  perversely  breaks  its 
treaties  it  will  incur  the  hostility  of  its  neighbors,  and 
sooner  or  later  these  will  combine  and  force  it  to  abide  by 
the  rules  of  international  law. 

The  President,  acting  through  the  Secretary  of  State  and 
diplomatic  agents,  negotiates  treaties  with  foreign  powers. 
After  a  treaty  has  been  framed,  if  it  meets  with  the  ap- 
proval  of  the  President  it  is  sent  to  the  Senate,  where  it 
must  be  ratified  by  a  two-thirds  vote  (95).  If  it  is  success- 
ful in  the  Senate  it  is  sent  to  the  foreign  government  for 
ratification.    When  it  has  been   ratified  by  the   foreign 


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STATES    SHOWING   SEALS   AND    SIGNATURES 


INTERNATIONAL  RELATIONS  261 

power  the  treaty  is  law  for  all  the  states  whose  governments 
have  signed  it. 

Suppose  the  President  and  the  Senate  should  conclude 
a  treaty  that  required  an  outlay  of  money,  would  their 
action  bind  the  House  of  Representatives?  This  question 
arose  in  1794,  when  an  appropriation  was  needed  for 
carrying  Jay's  Treaty  into  effect.  The  House  voted  the 
money,  but  passed  a  resolution  declaring  its  right  to  de- 
liberate upon  any  regulation  of  a  treaty  that  was  placed 
by  the  Constitution  under  its  control.  Treaties  requir- 
ing money  for  their  execution  have  been  concluded  again 
and  again,  and  the  House  has  always  made  the  necessary 
appropriation.  It  has  never,  however,  acknowledged  its 
obligation  to  do  so. 

Arbitration.  A  treaty  provides  for  the  peaceful  inter- 
course of  two  or  more  nations  in  the  future.  How  shall 
questions  and  disputes  arising  out  of  past  transactions  be 
settled?  One  nation  has  wounded  the  pride  of  another, 
or  has  trespassed  upon  its  boundaries,  or  damaged  its  com- 
merce, or  maltreated  its  citizens:  how  shall  the  injured 
nations  find  redress  without  declaring  war?  Nations  that 
are  capable  of  a  humane  and  enlightened  policy  may  find 
a  peaceful  exit  from  the  most  exasperating  situations ;  they 
may  submit  their  differences  to  a  court  of  arbitration,  just 
as  private  citizens  often  submit  their  differences  to  arbi- 
tration in  order  to  avoid  a  battle  in  the  courts  of  law. 

Nations  wishing  to  settle  a  dispute  by  arbitration  enter 
into  a  preliminary  treaty.  They  agree  upon  a  method  of 
selecting  the  members  of  the  arbitration  board,  appoint 
a  time  and  place  for  the  meeting  of  the  board,  and  define 
precisely  the  question  to  be  settled.  The  arbitrators,  like 
impartial  judges,  listen  to  the  claims  of  the  several  states, 
investigate  and  weigh  the  facts  pertaining  to  the  case, 
and  render  a  decision  in  a'^cordance  with  the  facts  and  the 
principles  of  justice.     When  the  decision  of  a  board  of  ar- 


262  THE  AMERICAN  DEMOCRACY 

bitration  has  been  fairly  obtained,  all  the  nations  affected 
by  it  are  under  the  most  solemn  obligations  to  acquiesce 
in  it. 

The  Peace  Treaties.  In  recent  years  many  international 
disputes  have  been  settled  by  arbitration  and  in  submitting 
such  disputes  to  boards  of  arbitration  the  United  States 
has  set  a  good  example  to  other  nations.  In  1914  the  fed- 
eral government  entered  upon  a  policy  of  averting  war  by 
negotiating  with  nations  treaties  designed  to  assure  a  period 
of  investigation  and  inquiry  into  the  nature  of  disputes  be- 
fore the  outbreak  of  hostilities.  In  these  treaties  the  high 
contracting  parties  agree  that  all  disputes  between  them 
of  every  nature  whatsoever  which  diplomacy  shall  fail  to 
adjust  shall  be  submitted  for  investigation  and  report  to 
an  international  commission  and  they  agree  not  to  declare 
war  or  begin  hostilities  during  such  investigation  and  re- 
port. Each  of  the  two  countries  names  one  member  from 
among  its  own  citizens  and  one  from  an  outside  country. 
A  fifth  member  is  chosen  by  the  two  governments  by  com- 
mon agreement.  An  investigation  by  the  commission  may 
occupy  an  entire  year,  but  no  longer  time,  unless  the  two 
governments  agree  to  extend  the  period.  The  two  govern- 
ments may  deal  as  they  choose  with  the  report  of  the  com- 
mission, neither  government  being  bound  in  any  way. 

The  League  of  Nations.  In  1919  several  of  the  belligerent 
states  that  had  been  engaged  in  the  war  against  the  Central 
Powers,  together  with  some  of  the  neutral  nations,  entered 
into  a  covenant  forming  a  League  of  Nations,  to  be  recog- 
nized as  a  central  body  interested  in  coordinating  and  as- 
sisting international  activities  generally.  The  League  acts 
through  an  assembly  comprising  not  more  than  three  rep- 
resentatives of  each  of  the  member  states,  and  a  council 
comprising  one  representative  of  each  of  the  great  powers 
having  membership  in  the  League.  In  the  assembly,  and 
also  in  the  council,  each  state  has  only  one  vote.     Either 


INTERNATIONAL  RELATIONS  263 

the  council  or  the  assembly  can  deal  with  any  matter  that 
is  of  international  interest  or  that  threatens  the  peace  of 
the  world.  Except  in  certain  specified  cases,  the  decision 
of  both  bodies  must  be  unanimous. 

The  member  states  of  the  League  agree:  (a)  to  reduce 
their  armaments,  plans  for  the  reduction  being  suggested  by 
the  council,  but  only  adopted  with  the  consent  of  the  states 
themselves;  (&)  to  exchange  full  information  of  their  exist- 
ing armies  and  their  naval  and  military  programs;  (c)  to 
respect  each  others'  territor}^  and  personal  independence  and 
guarantee  them  against  foreign  aggression;  (d)  to  submit 
all  intemationl  disputes  either  to  arbitration  or  to  inquiry 
by  the  council,  refraining  from  going  to  war  till  three 
months  after  an  award  of  the  court  of  arbitration  or  a 
unanimous  recommendation  of  the  council  has  been  made, 
and  even  then  not  to  go  to  war  with  a  state  that  accepts  the 
award  or  the  recommendation;  (e)  to  regard  a  state  that 
has  broken  the  covenant  as  having  committed  an  act  of  war 
against  the  League,  and  to  break  off  all  economic  and  other 
relations  with  it ;  and  if  force  is  to  be  applied,  the  council 
recommends  what  amount  shall  be  supplied  by  the  several 
governments  concerned;  (/)  not  to  consider  any  treaty 
binding  till  it  has  been  communicated  to  the  League;  to 
admit  the  right  of  the  assembly  to  advise  the  reconsider- 
ation of  treaties ;  and  to  be  bound  by  no  obligations  incon- 
sistent with  the  covenants.  The  covenant  does  not  affect  the 
validity  of  regional  understandings  like  the  Monroe  Doc- 
trine. A  state  that  breaks  its  agreements  may  be  expelled 
from  the  League  by  the  council. 

The  League  accepts  certain  responsibilities  with  regard  to 
labor  conditions;  enunciates  the  doctrine  that  human  labor 
is  something  more  than  a  mere  commodity  or  article  of  com- 
merce ;  declares  that  an  eight-hour  day  should  be  the  stand- 
ard aimed  at;  and  subscribes  to  the  principle  that  men 
and  women  should  receive  the  same  pay  for  the  same 
service. 

The  permanent  meeting-place  of  the  League  is  at  Geneva, 


264  THE  AMERICAN  DEMOCRACY 

where  there  is  established  a  permanent  secretariat  under 
a  secretary-general. 

The  League  of  Nations  was  founded  in  order  to  promote 
international  cooperation  and  to  secure  peace.  It  pro' 
poses  to  organize  the  nations  of  the  world  for  peace,  and 
to  make  a  war  of  conquest  impossible  by  uniting  all  nations 
against  the  offender.,  It  establishes  machinery  for  settling 
disputes  by  arbitration,  and  provides  for  friendly  methods 
of  adjusting  disputes  when  arbitration  is  not  agreed  to. 

Questions  on  the  Text 

1.  Where  is  power  in  respect  to  foreign  affairs  lodged?  Define 
international  law.  State  some  of  the  most  important  of  the  laws 
of  nations.     How  are  the  laws  of  nations  enforced? 

2.  What  is  the  difference  between  an  ambassador  and  a  minister? 
What  is  the  legal  position  of  an  ambassador  resident  in  a  foreign 
country? 

3.  What  are  the  duties  of  an  ambassador  or  minister? 

4.  What  is  a  consul?  a  consul-general?  What  are  the  duties  of  a 
consul  ? 

5.  How  do  the  diplomatic  representatives  of  the  United  States 
receive  their  positions? 

6.  What  is  a  treaty?  How  are  treaties  made?  How  are  they 
enforced  ? 

7.  What  is  the  attitude  of  Congress  respecting  treaties  that  call 
for  the  outlay  of  money? 

8.  What  are  the  duties  of  a  court  of  arbitration? 

9.  Explain  the  Peace  Treaties. 

10.  Give  an  account  of  the  organization  and  provisions  of  the 
League  of  Nations. 

Suggestive  Questions  and  Exebcises 

1.  What  is  a  charge  d'affaires?  an  envoy  extraordinary? 

2,.  Of  the  international  rules  mentioned  in  the  text,  state  one  (if 
there  is  such  a  one)  that  is  contrary  to  justice;  one  that  is  con- 
trary to  the  interests  of  mankind;  one  that  is  contrary  to  natural 
law. 

3.  Upon  what  occasion  and  for  what  causes  have  ministers  of 
foreign  countries  been  requested  to  leave  the  United  States? 

4.  Could  the  decisions  of  the  League  of  Nations  be  enforced  if  all 
the  nations  sliould  disarm? 

5.  What  influences  are  now  at  work  tending  to  bring  about  uni- 
versal peace?  What  influences  are  at  work  tending  to  destroy 
peace  ? 

6.  Give  an  account  of  the  Monroe  Doctrine. 


INTERNATIONAL  RELATIONS  265 

7.  A  secretary  of  the  British  ambassador  was  arrested,  brought 
before  the  judge  of  a  town  court,  and  fined  for  running  an  auto- 
mobile too  fast:  did  the  judge  have  the  right  to  impose  the  fine? 

8.  What  is  the  difference  between  arbitration  and  mediation,  as 
these  terms  are  used  in  the  settlement  of  international  disputes? 

Topics  for  Special  Work 

1.  The  Part  of  the  House  in  Treaty  Making:  Johnson,  197-205. 

2.  The    President's    Initiative    in    Determining    Foreign    Policy: 

Johnson,  303-404. 

3.  The  President  and  the  Treaty-Making  Power:  Munro,  111-112. 

4.  Treaties  and  International  Law:  Gettell,  528. 

5.  Diplomacy:  Gettell,  229-234. 


XXXIII 
TAXATION 

We  come  now  to  the  function  of  taxation,  or  the  orderly  collection 
of  revenue  for  the  support  of  government.  An  adequate  study  of 
the  taxing  function  requires  a  consideration  of  the  following  topics: 
(1)  taxation  in  its  general  aspects;  (2)  national  taxation;  (3) 
State  and  local  taxation;  and  (4)  public  debt.  In  this  chapter  we 
shall  dispose  of  the  first  of  these  topics. 

Cost  of  Government.  The  importance  of  the  subject  of 
taxation  becomes  apparent  when  we  regard  the  cost  of 
government  in  the  United  States.  This  cost  is  necessarily 
very  heavy,  for  there  are  three  highly  organized  govern- 
ments to  be  supported :  the  federal  government  vrith  its 
army  and  navy  and  courts  of  law  and  high  officials  and 
hundreds  of  thousands  of  employees :  the  State  governments 
with  their  numerous  departments;  the  local  governments 
with  their  school  systems,  charitable  institutions,  highway 
improvements,  and  police  and  sanitary  services.  The  total 
annual  expenditures  of  all  these  governments,  federal, 
State,  and  local,  amount  to  more  than  $6,000,000,000. 
This  tremendous  sum  is  nearly  one  tenth  of  the  combined 
annual  earnings  of  every  man,  woman,  and  child  in  the 
United  States.  The  people,  therefore,  contribute  to  gov- 
ernment in  a  year  considerably  more  than  they  earn  in  a 
month. 

Taxation  Defined.  We  have  already  learned  that  in 
America  it  is  a  cardinal  principle  that  government  must 
receive  its  revenue  through  the  consent  of  the  legislature 
(p.  26).  When  the  legislature  makes  a  general  call  upon 
the  citizens  for  contributions  for  the  support  of  govern- 

266 


TAXATION  267 

ment,  it  is  said  to  tax  them.  When  the  levy  or  call  is 
properly  made,  the  contribution  is  compulsory  and  can  not 
be  escaped.  A  tax,  therefore,  may  be  defined  as  an  en- 
forced contribution  of  money  levied  by  a  legislative  body 
on  persons,  property,  or  income,  for  the  support  of  govern- 
ment. 

Principles  upon  Which  Taxes  Are  Levied.  Four  rules, 
or  maxims,  have  been  laid  down  for  the  guidance  of  the 
lawmaker  in  matters  of  taxation.     They  are  as  follows: 

I.  Equality.  Citizens  should  contribute  toward  the  sup- 
port of  government  as  nearly  as  possible  in  proportion  to 
their  respective  abilities. 

II.  Certainty.  The  tax  that  each  individual  is  bound 
to  pay  ought  to  be  certain  and  not  arbitrary.  The  time 
of  payment,  the  manner  of  payment,  the  quantity  to  be 
paid,  ought  all  to  be  clear  and  plain  to  the  contributor  and 
to  every  other  person. 

III.  Convenience.  Every  tax  ought  to  be  levied  at  the 
time  or  in  the  manner  in  which  it  is  most  likely  to  be  con- 
venient to  the  contributor  to  pay  it. 

IV.  Economy.  Every  tax  ought  to  be  so  contrived  as 
both  to  take  out  and  keep  out  of  the  pockets  of  the  people  as 
little  as  possible  over  and  above  what  it  brings  into  the 
public  treasury. 

The  above  maxims  were  stated  by  Adam  Smith  (1776), 
and  they  have  acquired  almost  universal  authority.  Legis-. 
lators  always  keep  them  in  mind,  and  follow  them  with 
more  or  less  fidelity.  Sometimes,  however,  in  order  to  avoid 
the  resentment  or  opposition  of  the  people,  they  ignore 
the  maxims  and  follow  the  rule  of  expediency.  In  accord- 
ance with  the  policy  of  a  celebrated  Frenchman  (Colbert), 
they  so  pluck  the  goose  (the  people)  as  to  produce  the  larg- 
est amount  of  feathers  with  the  least  possible  amount  of 
squawking. 

Different  Kinds  of  Taxes.  For  the  sake  of  system,  legis- 
lators divide  property  and  other  subjects  of  taxation  into 


268  THE  AMERICAN  DEMOCRACY 

classes,  and  name  the  tax  according  to  the  class  upon  which 
it  is  levied.  The  kinds  of  taxes  that  are  usually  collected 
are  the  following: 

I.  Property  Tax.  Property  is  the  thing  universally 
taxed.  If  any  property  escapes  taxation,  it  is  not,  as  a 
rule,  the  fault  of  the  law,  for  the  law-makers  attempt  to 
tax  almost  everything  upon  which  a  levy  can  possibly  be 
made.  A  general  property  tax  is  levied  (a)  on  real  prop- 
erty, which  includes  lands  or  buildings  and  other  things 
erected  upon  land;  and  (&)  on  personal  property,  which 
includes  such  things  as  household  furniture,  money,  goods, 
bonds,  notes  of  promise,  stocks,  mortgages,  jewelry,  horses, 
carriages,  automobiles,  and  farming  implements. 

II.  Income  Tax;  Inheritance  Tax,  The  income  tax  is 
levied  upon  income  from  wages  or  salary,  or  from  profits 
derived  from  one's  business  or  profession,  or  from  interest 
on  stocks  and  bonds.  In  a  few  States  an  inheritance  tax  is 
levied  on  property  acquired  by  inheritance  or  will.  Some- 
times this  tax  is  regarded  as  an  income  tax,  the  inheritance 
or  legacy  being  considered  as  nothing  more  than  a  part  of 
the  income  secured  during  the  year. 

III.  Corporation  Tax;  Franchise  Tax.  The  corporation 
tax  is  levied  upon  private  corporations.  It  sometimes  takes 
the  form  of  an  income  tax  levied  upon  the  corporation  re- 
garded as  a  person;  sometimes  it  is  levied  upon  the  bonds 
and  stocks  of  the  corporation.  In  a  few  States  it  is  levied 
upon  the  earnings  of  the  corporation. 

The  franchise  tax  is  levied  upon  a  privilege  granted  by 
government.  When  a  city  council  confers  upon  a  corpora- 
tion the  right  to  operate  a  trolley  line  upon  a  certain 
street,  the  right  conferred  is  a  franchise,  and  upon  the  value 
of  this  right  the  franchise  tax  is  laid.  Though  franchises 
are  not  material,  visible  property,  they  have  nevertheless 
been  declared  by  the  Supreme  Court  of  the  United  States 
to  be  property.  Sometimes  franchises  have  an  enormous 
value.  For  example,  while  the  tangible  property — the 
rolling  stock,  rails,  wires,  and  power-houses — of  a  trolley 


TAXATION  269 

company  might  be  worth  only  a  million  dollars,  the  right 
to  use  the  street  (the  franchise)  would  not  be  sold,  perhaps, 
for  a  sum  several  times  as  great.  Sometimes  a  corporation 
is  compelled  to  pay  a  franchise  tax,  and  in  addition  a  prop- 
erty tax  on  its  material  possessions. 

IV.  Customs  Duties;  Excises.  A  customs  duty,  or 
tariff,  is  a  tax  levied  upon  an  article  imported  from  a 
foreign  country.  In  some  countries  duties  are  levied  upon 
imported  articles.  Excises,  or  internal  revenue  taxes,  are 
levied  upon  goods  manufactured  within  the  country. 
Among  the  articles  that  are  usually  subjected  to  the  excise 
tax  are  tobacco,  cigars,  cigarettes,  oleomargarin,  and  play- 
ing cards.  Taxes  on  theater  tickets,  moving-picture  tickets, 
and  railway  tickets  are  also  regarded  as  excises. 

V.  Miscellaneous  Taxes,  In  addition  to  the  taxes  thus 
far  described,  there  are  several  others,  which  may  be 
grouped  as  miscellaneous.  Among  the  miscellaneous  taxes 
are  the  following:  (1)  The  poll  or  capitation  tax,  which 
consists  of  a  small  sum  of  money  levied  as  a  personal 
tax;  that  is,  the  tax  is  imposed  on  the  person  as  a  person, 
not  as  a  possessor  of  property.  (2)  License  taxes,  which 
are  collected  from  merchants,  peddlers,  hack-drivers,  show- 
men, and  others  for  the  privilege  of  transacting  business. 
The  license  tax  resembles  the  franchise  tax.  (3)  Fees  and 
special  assessments.  These  are  sums  collected  by  public 
authority  as  a  partial  payment  for  services  rendered  by 
the  government.  The  charge  for  issuing  a  marriage  certif- 
icate is  an  example  of  a  fee,  while  a  charge  made  for  con- 
necting a  private  drain  with  a  public  sewer  is  an  example 
of  a  special  assessment.  Fees  and  special  assessments  are 
not  always  taxes,  properly  so  called. 

Reforms  in  Taxation.  It  is  sometimes  contended  that 
one's  duty  in  respect  to  the  payment  of  taxes  should  be 
measured,  not  by  ability,  but  by  sacrifice.  According  to 
this  view,  a  tax  is  burdensome,  not  in  proportion  to  what 
is  paid,  but  to  what  is  left.     To  equalize  the  sacrifice  of 


270  THE  AMERICAN  DEMOCRACY 

taxpayers,  a  graduated  or  progressive  tax  has  been  pro-, 
posed.  Under  the  workings  of  this  tax  the  rate  increases 
with  the  amount  of  property.  For  example,  if  A,  B,  C,  and 
D  are  worth  respectively*^  $10,000,  $20,000,  $30,000  and 
$40,000,  a  scheme  of  progressive  taxation  might  impose 
upon  A  a  rate  of  one  per  cent.,  upon  B  a  rate  of  two  per 
cent.,  upon  C  a  rate  of  three  per  cent.,  and  upon  D  a  rate 
of  four  per  cent.  D  's  property  is  only  four  times  as  great 
as  A's,  yet  it  pays  sixteen  times  as  much  in  taxes. 

In  eighteen  States  the  constitutions  provide  that  taxation 
shall  be  in  exact  proportion  to  the  value  of  the  property 
taxed.  In  these  States  progressive  taxation  would  doubt- 
less be  adjudged  unconstitutional.  The  other  States  are 
permitted  to  apply  the  progressive  principle,  and  many  of 
them  do  apply  it.  Congress  has  levied  a  progressive  in- 
heritance tax  and  a  progressive  income  tax,  and  the  validity 
of  the  progressive  principle  has  been  sustained  by  the  Su- 
preme Court  of  the  United  States. 

Another  proposed  reform  in  taxation  is  the  single  taor. 
This  is  a  plan  for  raising  all  revenues — federal.  State,  and 
local — from  a  single  tax  imposed  on  land.  According  to 
this  plan,  men  should  contribute  to  the  support  of  govern- 
ment, not  in  proportion  to  what  they  produce  or  accumu- 
late, but  in  proportion  to  the  value  of  the  natural  oppor- 
tunities they  hold ;  and  it  is  contended  that  the  land-holder 
is  the  great  monopolist  of  natural  opportunities.  The 
single  tax  would  be  laid  upon  land  as  such,  and  not  upon 
the  improvements  upon  land.  The  tax  upon  a  vacant  lot, 
provided  it  were  as  favorably  located,  would  be  as  heavy 
as  the  tax  upon  a  lot  improved  by  a  magnificent  struc- 
ture. The  fundamental  principle  of  the  single  tax  is  this : 
The  individual  should  get  the  advantage  of  all  improve- 
ments upon  land,  while  the  government  (society)  should 
get  the  advantage  of  favorable  location,  and  of  the  in- 
creased values  that  accrue  to  land  in  a  community  that 
is  progressive  and  that  is  increasing  in  population. 


TAXATION  271 

Questions  on  the  Text 

1.  What  can  you  say  of  the  cost  of  government  in  the  United 
States  ? 

2.  What  is  a  tax? 

3.  State  Adam  Smith's  four  maxims  of  taxation.  What  was 
Colbert's  maxim  of  taxation? 

4.  Name  and  describe  each  of  the  several  classes  of  taxes. 

5.  Explain  the  operation  of  a  progressive  or  graduated  tax. 
What  is  the  single  tax  plan?  What  is  the  fundamental  principle  of 
this  plan? 

Suggestive  Questions  and  Exercises 

1.  Show  that  taxation  played  an  important  part  in  each  of  the 
following  events:  (a)  Wat  Tyler's  Rebellion;  (6)  the  American 
Revolution;   (c)  the  French  Revolution. 

2.  Look  aljout  you  and  see  what  government  does  for  the  poople ; 
itemize  these  services  and  decide  whether  they  are  worth  the  labor 
of  all  the  people  for  five  weeks  in  the  year. 

3.  Is  it  just  that  all  citizens  should  pay  taxes?  Do  all  citizens 
have  to  pay  taxes?  (Do  not  be  too  sure  of  your  answer  to  this 
question. )  • 

4.  For  what  do  people  pay  taxes  most  cheerfully? 

5.  Of  the  several  kinds  of  taxes  mentioned  in  the  text  name  the 
one  that  is  easiest  to  collect ;  name  the  one  that  is  easiest  to  be  paid ; 
name  the  one  that  is  most  objectionable. 

6.  If  government  imposes  an  income  tax,  is  it  right  that  incomes 
below  a  certain  amount  should  escape  the  tax?  If  you  think  a  cer- 
tain amount  should  escape  taxation,  what  amount  would  you  sug- 
gest? 

7.  Should  the  expenses  of  a  Fourth  of  July  celebration  be  paid 
out  of  the  public  funds? 

8.  Suppose  you  own  a  farm  worth  $5,000  and  there  is  a  mortgage 
on  it  of  $4,000:  how  much  are  you  worth?  On  how  much  should 
you  pay  taxes — $1,000,  $5,000,  or  $9,000?  If  mortgages  were  taxed 
— as  they  frequently  are — and  the  holder  of  the  mortgage  on  your 
farm  should  shift  the  mortgage  tax  to  you  in  the  form  of  a  higher 
rate  of  interest,  on  how  much  would  you  pay  taxes? 

9.  State  the  evils  of  parsimony  in  public  expenditures;  the  evils 
of  extravagance.     Which  are  the  more  dangerous  ?     Read  Prov.  xi,  24, 

10.  Does  the  constitution  of  this  State  declare  any  general  princi- 
ple in  reference  to  taxation? 

11.  Is  there  an  income  tax  in  this  State?  If  so,  explain  its  nature 
and  workings. 

12.  Is  it  just  that  a  man  who  owns  a  little  property  should  be 
taxed,  while  the  man  who  receives  a  large  salary  and  who  owns  no 
property  should  escape  taxation? 

13.  Are  there  any  progressive  taxes  in  this  State?  If  so,  give  an 
account  of  them. 


272  THE  AMERICAN  DEMOCRACY 

14.  Discuss  progressive  taxation  in   reference    (a)    to  its  justice, 
(6)   to  its  expediency,   (c)    to  its  effect  upon  fortune-building. 

15.  What  reforms  in  taxation  are  needed  in  this  State? 

Topics  for  Special  Wobk 

1.  Taxation:    Carver,   503-513;    Thompson,  397-407. 

2.  Popular  Taxation:   Dole,  293-318. 

3.  Municipal  Franchises:   Kaye,  456-463. 

4.  The  Income  Tax:   Bullock,  577-582;  Munro,  225-226. 

5.  Direct  Taxation:  Munro,  224-225. 


XXXIV 

NATIONAL  FINANCE 

Havnng  considered  the  subject  of  taxation  in  its  general  aspects, 
we  pass  to  the  subject  of  public  finance,  the  science  that  treats  of 
public  expenditures  and  of  the  means  of  securing  money  to  meet 
them.  Since,  under  our  dual  system,  taxation  is  a  concurrent  func- 
tion (p.  48),  exercised  with  sovereign  power  by  the  State  as  well 
as  by  the  federal  government,  and  since  each  government  determines 
its  own  expenditures,  public  finance  in  the  United  States  is  resolved 
into  two  clearly  defined  systems — national  finance  and  State  finance. 
In  this  chapter  the  subject  will  be  national  finance. 

Extent  of  the  Federal  Taxing  Power.  Recognizing  that 
revenue  is  the  life-blood  of  government,  the  framers  of 
the  Constitution  gave  to  Congress  an  almost  unlimited 
pov/er  to  tax  (44),  and  at  the  same  time  reserved  to  the 
States  the  power  of  raising  their  own  revenues  in  their  own 
way  in  such  amounts  and  for  such  purposes  as  they  might 
deem  wise  and  proper.  They  restricted  the  taxing  power 
of  Congress  in  only  three  particulars:  they  provided  (1) 
that  duties  and  excises  must  be  uniform  throughout  the 
United  States  (45)  ;  (2)  that  direct  and  capitation  taxes 
must  be  apportioned  among  the  States  according  to  popu- 
lation (66)  ;  and  (3)  that  duties  can  not  be  laid  on  articles 
exported  from  any  State  (67).  Excepting  only  as  it  is 
limited  by  these  three  provisions,  Congress  is  free  to  levy- 
any  kind  of  tax  it  may  see  fit  for  any  amount  it  may  desire, 
except  that  it  may  not  tax  the  property  of  a  State  or  the 
salaries  of  State  officers.  Since  the  adoption  of  the  six- 
teenth amendment,  even  the  restriction  in  respect  to  direct 
taxes  has  been  partially  removed;  for  under  the  power 
given  by  that  amendment  Congress  may  levy  an  income 
tax — a    direct    tax — without    apportionment    among    the 

273 


274  THE  AMERKgAN  DEMOCRACY 

several  States  and  without  regard  to  any  census  or  enumera- 
tion (160). 

Preparing  the  National  Tax  Bill.  The  Constitution  pro- 
vides that  bills  for  raising  national  revenue  shall  orginate 
in  the  House  of  Representatives  (36).  It  was  the  expecta- 
tion of  the  f ramers  that  this  provision  would  give  the  House 
complete  control  over  national  revenues  and  expenditures. 
*'The  House  of  Representatives,"  said  James  Madison  in 
the  Federalist,  ''can  not  only  refuse,  but  they  alone  can 
propose,  the  supplies  requisite  for  the  support  of  govern- 
ment. They,  in  a  word,  hold  the  purse.  .  .  .  This  power 
over  the  purse  may,  in  fact,  be  regarded  as  the  most  com- 
plete and  effectual  weapon  with  which  any  constitution 
can  arm  the  immediate  representatives  of  the  people  for 
obtaining  a  redress  of  any  grievance  and  for  carrying  into 
effect  every  just  and  salutary  measure."  But  the  ex- 
pectation of  the  f ramers  was  not  to  be  realized :  the  House 
has  not  maintained  a  mastery  over  the  national  finances. 
For  the  Constitution  provides  that  in  the  case  of  revenue 
bills,  as  in  other  bills,  the  Senate  may  propose  or  concur 
in  amendments  (36).  By  using  the  power  of  amendment 
freely  the  Senate  has  come  to  have  great  influence  in  the 
shaping  of  the  revenue  laws.  It  takes  the  tax  bill  that  is 
sent  to  it  from  the  House,  and  modifies  the  measure  in 
whatever  way  it  may  desire;  and  if  the  two  branches  come 
into  conflict  over  the  matter  the  Senate  usually  wins. 

The  actual  work  of  preparing  the  national  tax  bill  is 
performed  by  the  House  committee  on  ways  and  means. 
The  task  of  this  committee  is  stupendous.  It  must  hold 
sessions  for  the  hearing  of  the  interests  that  will  be  affected 
by  proposed  schemes  of  taxation;  it  must  inform  itself  as 
to  the  wishes  of  the  people  at  large  in  respect  to  the  kind 
of  taxes  that  should  be  levied ;  it  must  make  estimates  of  the 
amount  of  revenue  that  may  reasonably  be  expected  to 
accrue  from  each  of  the  several  kinds  of  taxes  that  are 
to  be  imposed;  it  must  so  fix  the  rates  that  the  largest 


NATIONAL  FINANCE  275 

amount  of  revenue  may  be  procured  with  the  least  opposi- 
tion on  the  part  of  the  people ;  it  must  prepare  a  bill  call- 
ing for  an  enormous  sum  of  money. 

Sources  of  the  National  Revenue.  When  raising  the 
federal  revenue  Congress  avails  itself  of  the  resources  of 
the  richest  nation  in  the  world,  and  it  is  permitted  to  im- 
pose almost  every  kind  of  tax.  The  principal  taxes  col- 
lected by  the  federal  government  are  the  income  and 
excise  taxes,  customs  duties,  and  the  inheritance  or  estate 
tax. 

I.  Federal  Income  Tax.  Every  citizen  of  the  United 
States,  whether  residing  at  home  or  abroad,  is  subject  to  a 
personal  income  tax;  and  every  person  residing  in  the 
United  States,  though  not  a  citizen  thereof,  is  subject  to 
such  a  tax.  The  federal  income  tax  law  provides  for  a 
nonnal  tax  and  a  surtax.  The  normal  tax  is  a  certain  per 
cent,  levied  on  the  whole  income  in  excess  of  a  certain 
exemption  which  is  allowed.  This  exemption  (1920)  is 
$2,000  in  the  case  of  persons  living  in  the  marriage  rela- 
tion, and  $1,000  in  the  case  of  unmarried  persons.  The 
normal  rate  is  4  per  cent,  on  the  first  $4,000  of  net  income 
above  the  exemption,  and  8  per  cent,  on  the  remaining  net 
income.  The  surtax  is  an  additional  tax,  levied  upon 
increments  of  income  above  a  certain  amount.  The  rate 
of  the  surtax  is  graduated  (p.  270) ,  increasing  as  the  income 
increases.  In  the  case  of  some  of  the  very  largest  incomes 
the  rate  of  the  surtax  is  so  high  that  it  takes  more  than 
half  of  the  income. 

II.  Excise  Taxes.  A  very  considerable  portion  of  the 
national  revenue  is  derived  from  excises  (p.  269).  Among 
the  articles  subject  to  the  excise  tax  are  tobacco,  manufac- 
tures, automobiles,  motorcycles,  admission  tickets  to  places 
of  amusement,  oleomargarin,  and  playing  cards. 

III.  The  Tariff.  Another  important  source  of  the 
federal  revenue  is  the  tariff.  The  first  Congress  estab- 
lished (in  1789)  a  tariff  (p.  269),  and  all  succeeding  Con- 


276  THE  AMERICAN  DEMOCRACY 

gresses  have  followed  its  example.  Tariff  or  customs  duties 
are  collected  by  government  officials,  at  ports  of  entry, 
from  the  importers  of  foreign  goods.  The  duties  are  ad 
valorem  when  they  are  levied  at  a  certain  rate  per  cent. 
on  the  money  value  of  the  goods  at  the  original  place  of 
shipment.  They  are  specific  when  levied  on  articles  ac- 
cording to  quantity  or  number.  For  example,  if  the  duty 
on  gloves  is  40  per  cent,  ad  valorem,  a  box  containing  six 
dozen  pairs  of  gloves  worth  fifteen  dollars  a  dozen  pro- 
duces a  tax  of  thirty-six  dollars.  If  the  duty  on  gloves 
is  specific,  at  eight  dollars  a  dozen,  the  box  of  gloves  in 
question  produces  a  tax  of  forty-eight  dollars. 

The  customs  tax  is  levied  upon  several  hundred  articles ; 
but  the  greater  part  of  the  tariff  revenues  is  raised  from 
the  manufactures  of  wool,  cotton,  silk,  iron,  copper,  and 
tea,  and  from  sugar,  fruit,  cigars,  drugs,  dyes,  and  chemi- 
cals. Many  imported  articles  are  admitted  free  of  duty. 
Among  the  items  on  the  free  list  are  coffee,  tea,  books  more 
than  twenty  years  old,  raw  wool,  agricultural  implements, 
sewing-machines,  lard,  milk,  potatoes,  and  salt. 

IV.  Inheritance  or  Excise  Tax.  Still  another  federal 
tax  is  one  levied  upon  inheritances.  This  tax,  known  as  the 
estate  tax,  is  levied  upon  the  estates  of  all  decedents  leaving 
property  of  the  value  of  $50,000  or  more.  Like  the  system 
on  incomes,  the  estate  tax  is  graduated. 

Collection  of  the  National  Revenues.  The  internal 
revenue — that  is,  the  revenue  derived  from  the  income  tax, 
the  excises,  and  the  estate  tax — is  collected  under  the 
direction  of  the  Bureau  of  Internal  Revenue,  one  of  the 
bureaus  in  the  Department  of  the  Treasury.  For  the  pur- 
pose of  collecting  the  internal  revenue,  the  country  is 
divided  into  about  sixty-four  internal  revenue  districts,  in 
each  of  which  there  is  a  federal  collector  of  internal 
revenue,  assisted  by  a  corps  of  deputies.  As  a  rule,  the 
boundaries  of  the  collection  districts  follow  State  lines. 


NATIONAL  FINANCE  277 

In  the  more  populous  States  there  are  two  or  more  col- 
lection districts. 

Customs  duties  are  collected  at  various  ports  of  entry  by 
United  States  treasury  officials  known  as  collectors  of  cus- 
toms. In  normal  times  more  than  half  of  all  customs  duties 
are  collected  at  the  port  of  New  York  City.  Other  ports 
where  the  customs  collections  are  considerable  in  amount 
are  Philadelphia,  New  Orleans,  San  Francisco,  Savannah, 
Boston,  and  Baltimore. 

The  federal  government  collects  its  revenue  in  an 
economical  manner.  The  cost  of  collecting  the  customs  is 
about  5  per  cent,  of  the  amount  collected;  while  the  in- 
ternal revenues  are  collected  at  a  cost  that  is  only  a  little 
more  than  one  half  of  one  per  cent,  of  the  amount  col- 
lected. In  the  fiscal  year  ending  July,  1919,  the  internal 
revenue  receipts  were  close  to  $4,000,000,000,  while  the  cost 
of  collecting  this  vast  sum  was  only  about  $20,000,000. 

National  Expenditures.  The  laws  providing  for  federal 
expenditures  are  usually  passed  before  the  matter  of 
revenue  is  attended  to.  Private  individuals  ordinarily  esti- 
mate their  income  first  and  then  decide  upon  expenditures ; 
but  governments  are  accustomed  to  estimate  their  ex- 
penditures and  attend  to  the  matter  of  income  afterward. 
The  preparation  of  appropriation  bills  is  a  task  that 
absorbs  a  large  part  of  the  energy  of  Congress.  At  the 
opening  of  every  regular  session.  Congress  receives  a  report 
from  the  Secretary  of  the  Treasury  containing  detailed  esti- 
mates of  the  sums  necessary  for  the  support  of  the  national 
government.  These  estimates  are  prepared  by  the  heads 
of  the  several  departments,  each  stating  the  amount  of 
money  he  thinks  his  department  will  need  in  the  next  fiscal 
year.^  These  estimates  are  gathered  into  a  bulky  volume, 
known  as  the  Book  of  Estimates,  and  are  submitted  to  Con- 
gress by  the  Secretary  of  the  Treasury.     But  the  figures 

1  For  the   federal  government  the  fiscal  or  financial  year  begins  on   July   1, 
and  extends  to  July  1  of  the  following  year. 


278  THE  AMERICAN  DEMOCRACY 

in  the  Book  of  Estimates  are  recommendations  and  noth- 
ing more.  Not  a  dollar  of  the  estimates  can  be  raised  con- 
stitutionally without  the  consent  of  Congress  (69). 

The  consideration  of  the  estimated  expenditures  begins 
in  the  House  of  Representatives,  although  there  is  no  con- 
stitutional reason  why  such  consideration  should  not  be- 
gin in  the  Senate.  The  recommendations  found  in  the 
Book  of  Estimates  are  referred  by  the  Speaker  to  the 
appropriation  committee.  This  is  the  largest  of  the  House 
committees.  It  consists  of  thirty-five  members  and  in  its 
hands  is  concentrated  the  preparation  of  all  appropriation 
bills.  It  is  divided  into  several  sub-committees,  each  of 
which  consists  of  five  members.  Upon  each  sub-committee 
is  devolved  the  task  of  preparing  bills  for  a  certain  class  of 
expenditures.  For  example  appropriations  for  the  support 
of  the  army  are  prepared  by  the  committee  on  military 
affairs ;  those  for  the  support  of  the  navy,  by  the  sub-com- 
mittee on  naval  affairs ;  and  so  on. 

The  appropriation  committee  virtually  controls  federal 
expenditures.  There  is  no  limitation  upon  its  power  of 
appropriation,  except  that  any  appropriation  for  the  sup- 
port of  the  army  shall  not  be  made  for  more  than  two 
years  (56).  It  takes  the  estimates  submitted  by  the  Secre- 
tary of  the  Treasury  and  does  with  them  as  it  pleases. 
Sometimes  it  accepts  them,  sometimes  it  modifies  them,  but 
often  it  ignores  them  altogether.  It  is  its  function  to  pre- 
pare bills  providing  for  the  expenses  of  the  government; 
and  in  the  exercise  of  its  duty  it  is  entirely  independent  of 
executive  authority.  Quite  often  it  invites  executive  offi- 
cials to  assist  it  and  advise  it,  but  it  is  under  no  constitu- 
tional obligation  to  do  so.  Appropriation  bills,  like  all 
other  bills,  must  run  the  gauntlet  of  legislation.  They 
must  pass  both  Houses  and  receive  the  signature  of  the 
President. 

Shall  We  Have  a  National  Budget?    The  system  of  having 
the  estimates  made  by  so  many  departments  and  the  ap- 


NATIONAL  FINANCE  279 

propriations  made  by  so  many  committees  has  resulted  in 
a  financial  procedure  that  is  ''haphazard,  uncertain,  un- 
businesslike, and  indefensibly  wasteful."  Then,  too,  the 
present  system  does  not  provide  for  the  proper  adjustment 
of  expenditures  and  revenue.  The  departments,  bureaus, 
and  boards  bombard  the  committees  of  Congress  for  ap- 
propriations, in  sublime  indifference  to  the  fact  that  they 
may  be  asking  the  taxpayer  to  assume  a  burden  heavier  than 
he  ought  to  be  called  upon  to  bear.  "The  government  of 
the  United  States,"  said  the  Secretary  of  the  Treasury  re- 
cently, "is  like  a  private  family  in  which  the  wife,  having 
charge  of  the  spending  part  of  the  family's  business,  were 
given  carte  hlanche  to  buy  hoases,  yachts,  automobiles, 
clothing,  and  food,  and  to  employ  servants,  as  she  might 
find  wise;  and  the  husband's  sole  business  were  to  see  that 
there  was  money  in  the  bank  to  meet  her  checks  as  they  were 
presented. ' ' 

To  bring  order  into  our  national  finances  and  effect 
economies  in  expenditures  of  money,  the  budget  system  has 
been  proposed.  Under  the  budget  plan  there  would  be  a 
full  and  clear  statement  of  expenditures  and  revenues; 
there  would  be  an  estimate  of  the  government's  needs  and 
also  of  its  financial  resources;  and  there  would  be  an  op- 
portunity to  fix  responsibility  both  in  the  matter  of  making 
the  estimates  and  in  the  matter  of  making  the  appropria- 
tions. "There  should  be,"  said  President  Wilson,  urging 
the  adoption  of  the  budget  system,  "one  single  authority 
responsible  for  the  making  of  all  appropriations,  and  ap- 
propriations should  be  made,  not  independently  of  each 
other,  but  with  reference  to  one  single  comprehensive  plan 
of  expenditure  properly  related  to  the  nation's  income." 
The  burden  of  preparing  the  budget  would  rest  upon  some 
agency  of  the  executive  department,  and  when  prepared 
it  would  be  submitted  to  a  single  committee  of  each  branch 
of  Congress.  The  proposed  budget  would  be  approved  or 
amended  by  the  committee,  but  no  new  item  of  appropria- 
tion could  find  its  way  into  the  budget,  and  no  existing 


2bj  TilE  AMERICAN  DEMOCRACY 

item  could  be  increased,  except  by  a  two-thirds  vote  of  the 
committee. 

In  1920  a  bill  providing  for  a  national  budget  was  passed 
by  Congress  but  was  vetoed  by  the  President  on  the  ground 
that  certain  provisions  of  the  measure  encroached  upon 
the  power  of  the  Executive.  Notwithstanding  this  setback, 
the  outlook  for  a  budgetary  system  continued  to  be  bright. 

Questions  on  the  Text 

1.  What  are  the  powers  of  the  federal  government  and  what  are 
the  powers  of  the  State  in  reference  to  taxation?  What  three  re- 
strictions does  the  legislature  place  upon  the  taxing  power  of  Con- 
gress ? 

2.  Give  an  account  of  the  preparation  of  the  national  tax  bills. 
Describe  the  task  of  the  committee  on  ways  and  means. 

3.  Name  the  several  sources  of  the  national  revenue,  and  give  an 
account  of  each  of  the  leading  federal  taxes. 

4.  Describe  the  methods  of  collecting  the  federal  taxes. 

5.  Give  an  account  of  the  preparation  of  bills  for  national  ex- 
penditures. 

6.  Why  is  it  desirable  that  we  should  have  a  national  budget? 

Suggestive  Questions  and  Exercises 

1.  Estimate  how  much  this  State  contributes  to  the  support  of 
the  federal  government,  assuming  that  it  contributes  according  to  its 
population.  Is  this  sum  greater  or  less  than  the  amount  raised  for 
the  purposes  of  the  State  government? 

2.  Do  the  people  who  live  at  a  port  of  entry  pay  all  the  taxes 
that  are  collected  at  the  custom-house? 

3.  An  orator  wishing  to  illustrate  the  generosity  and  patriotism 
of  his  people  pointed  out  the  fact  that  three  times  as  much  of  the 
internal  revenue  tax  was  paid  in  his  State  as  in  any  other  State. 
Point  out  the  fallacy  of  the  illustration. 

4.  Collect  all  the  provisions  of  the  Constitution  that  bear  on  the 
subject  of  taxation.  Compare  the  Constitution  with  the  Articles  of 
Confederation  in  respect  to  taxation. 

5.  Which  would  you  prefer  to  pay,  direct  or  indirect  taxes? 

6.  What  is  meant  by  smuggling?  What  articles  are  easily  smug- 
gled?    Should  taxes  on  these  articles  be  light  or  heavy? 

7.  Name  the  principal  ports  of  entry  in  the  United  States.  What 
is  done  with  the  money  that  is  collected  at  these  ports? 

8.  How  much  per  voter  does  it  cost  to  support  the  national  gov- 
ernment ? 

9.  Is  the  money  you  pay  for  a  postage-stamp  a  tax? 

10.  Of  the  articles  mentioned  in  the  text  as  being  taxed,  are  there 
any  that  should  go  on  the  free  list? 


NATIONAL  FINANCE  281 

11.  Under  the  Constitution  can  the  Senate  originate  a  bill  to  re- 
vise the  tariff? 

RECEIPTS    OF   THE   NATIONAL   GOVEBNMENT   FOB  FISCAL   TEAR    1920 

Income  and  profits  tax    $3,957,699,870.70 

Estates     103,628,104.69 

Transportation,  etc.,  and  insurance    307,808,095.38 

Beverages   of   all   kinds    197,353,438.99 

Cigars,  tobacco,  and  manuf.  thereof   294,813,072.87 

Admissions   and   dues    81,931,780.64 

Excise  taxes,  manufacturers',  etc 268,480,355.03 

fcspecial  taxes,  incl.  corp,  cap.  stk  tax  105,508,052.20 

•Stamp  taxes   (documentary,  and  playing  cards)    ..  84,349,027.47 

Miscellaneous    collections    6,501,289.83 

Total   $5,408,073,087.80 

APPEOPRIATIONS  FOE  FISCAL  YEAB   1921 

Agriculture    $31,712,784.00 

Army      392,558,365.00 

Diplomatic    and    consular    9,218,537.91 

District  of   Columbia 18,373,004.87 

Fortifications     18,833',442.00 

Indian 10,040,655.27 

legislative,  executive  and  judicial   104,735,726  11 

Military    academy 2,142,212.70 

Naval     433,279,574.00 

Pensions    279,150,000.00 

Post   Office    462,575,190.00 

River  and  harbor   12,400,000  00 

Sundry    civil    $437,106,806.92 

Total,  regular  appropriation  bills   $2,212,126,298.78 

Permanent    annual    appropriations    1,363,768,980.29 

Total,  reg.  and  perm.  an.  approp $3,575,895,279.07 

Miscellaneous     797,500,000.00 

Total,    regular,    permanent    annual    and    misc. 

appropriations     $4,373,395,279.07 

Deficits,    fiscal    year    1920    and    prior     486,495,048.23 

Grand  total   $4,859,890,327.30 


Topros  FOR  Special  Work 

1.  Congress  and  the  Treasury  Department:   Johnson,  178-187. 

2.  Limitations  of  the  Power  of  Congress  to  Tax:  Mimro,  221-227. 

3.  Budget  System:  Munro,  309-310. 


XXXV 

STATE  FINANCE 

From  the  subject  of  national  finance  we  pass  to  a  consideration  of 
State  and  local  finance.  How  does  the  State  raise  money  for  the 
support  of  the  State  government?  How  are  the  expenditures  of  the 
State  determined?  In  what  way  are  the  expenses  of  the  local  gov- 
ernments determined,  and  how  are  they  met? 

Taxing  Power  of  the  State.  Since  one  of  the  chief  ob- 
jects of  the  Constitution  was  to  secure  easy  trade  relations 
between  the  States,  taxation  on  exports  and  imports  was 
prohibited  to  the  States  and  placed  under  the  control  of 
Congress  (74).  With  the  view  of  further  protecting  the 
freedom  of  commerce,  the  Constitution  forbids  any  State 
to  levy  without  the  consent  of  Congress  any  tonnage  duty, 
that  is,  any  tax  on  the  carrying  capacity  of  a  vessel  (76)  — 
a  prohibition  that  applies  to  all  instruments  of  commerce. 
A  State  can  not  impose  a  tax  on  ''tonnage  passing  through, 
from,  or  to  a  State  or  foreign  country,  be  it  on  railway, 
canal,  river,  or  otherwise.^'  Moreover,  since  ''the  power 
to  tax  is  the  power  to  destroy,'^  a  State  can  not  tax  the 
agencies  by  means  of  which  the  federal  government  is  en- 
abled to  exercise  its  functions:  it. can  not  tax  the  bonds  of 
the  federal  government,  or  its  property,  such  as  its  light- 
houses and  post-office  buildings,  or  the  salaries  of  its  offi- 
cers, or  the  public  money  in  its  treasuries,  or  the  metals 
in  its  mints.  Aside  from  these  restrictions,  the  State  is 
free  to  tax  all  taxable  objects  within  its  borders. 

Authority  for  State  and  Local  Expenditures.  Although 
they  may  differ  somewhat  in  detail,  the  financial  systems 
of  the  States  are  quite  unifortn  in  their  workings.    Au- 

282 


STATE  FINANCE  283 

thority  for  all  public  expenditures  within  each  State  flows, 
directly  or  indirectly,  from  its  constitution  and  its  legisla- 
ture. Expenses  of  the  State  government  are  estimated 
and  levied  directly  by  the  legislature,  and  are  usually  com- 
paratively light.  In  some  States  the  constitution  limits  the 
amount  that  can  be  levied  in  one  year. 

But  it  is  not  the  State  government  that  calls  for  the  ex- 
penditure of  the  largest  sums.  Most  of  the  actual  func- 
tions of  government  that  lie  within  the  scope  of  State  au- 
thority are  performed  by  the  localities — by  cities,  counties, 
villages,  townships.  The  expenses  of  the  local  governments, 
therefore,  are  much  heavier  than  those  of  the  State.  The 
local  governments  spend  about  five  times  as  much  as  is 
spent  by  the  State.  New  York  City  alone  spends  annually 
a  sum  almost  equal  to  three  fourths  of  the  combined  ex- 
penses of  all  the  State  governments. 

In  matters  of  taxation,  cities  and  counties  and  other 
minor  civil  divisions  are  strictly  under  the  control  of  the 
State  government,  and  the  limits  of  their  power  to  tax  are 
usually  defined  by  the  higher  authority.  In  some  States 
the  limitations  are  fixed  by  the  legislature,  in  others  by 
the  constitution.  In  about  one  third  of  the  States  coun- 
ties are  not  allowed  to  tax  beyond  a  certain  per  cent.  o£ 
the  assessed  valuation  of  property.  Municipalities,  in  the 
matter  of  taxation,  are  often  restricted  by  the  terms  of  their 
charters.  Taking  the  country  over,  however,  the  localities 
are  quite  free  to  tax  themselves  as  they  see  fit.  The  most 
that  the  legislature  or  the  constitution  undertakes  to  do  is 
to  throw  around  the  local  taxing  power  such  safeguards  as 
will  prevent  bankruptcy. 

The  expenses  of  local  government  are  met  by  taxation 
imposed  by  the  minor  legislative  bodies,  by  the  municipal 
council  (or  commission)  or  the  board  of  county  commission- 
ers— a  legislative  body  as  far  as  taxation  is  concerned — or 
the  town-meeting,  or  the  to\\Tiship  supervisors  or  trustees. 
Since  the  greater  part  of  the  sum  paid  for  taxes  is  levied 
\>y  local  authority  with  the  almost  direct  sanction  of  the 


284  THE  AMERICAN  DEMOCRACY 

voters  themselves,  it  can  almost  be  said  that  the  people  are 
not  taxed — for  they  really  tax  themselves. 

Taxation  in  the  State.  It  has  been  seen  that  federal  taxa- 
tion is  a  very  simple  matter.  Congress  determines  the 
tariff  and  excise  rates  and  the  rates  of  the  income  tax, 
and  the  Treasury  Department  places  its  collectors  of  cus- 
toms at  the  various  seaports  to  collect  the  duties  on  for- 
eign goods  as  they  come  into  the  harbors,  and  sends  its 
collectors  of  internal  revenue  to  individuals  and  to  cor- 
porations to  collect  the  income  tax  and  into  the  tobacco 
establishments  to  collect  the  excises  on  tobacco  as  it  is  manu- 
factured— and  that  is  substantially  the  story  of  federal  tax- 
ation. The  account  of  State  taxation  must  be  somewhat 
more  complex,  for  it  involves  the  consideration  of  more 
processes  and  more  governmental  machinery. 

I.  The  General  Property  Tax.  In  the  State  the  gen- 
eral property  tax  is  the  great  source  of  revenue.  This 
tax  reaches  all  property,  real  and  personal,  located  within 
the  boundaries  of  the  State.  When  the  owner  of  property 
resides  outside  the  State,  he  does  not  for  that  reason  escape 
taxation. 

In  the  payment  of  the  general  property  tax  the  tax- 
payer should  bear  a  burden  proportioned  to  his  wealth ;  all 
the  property  of  every  person  should  contribute  according 
to  its  true  value.  This,  as  has  been  seen,  is  a  fundamental 
principle  of  taxation.  In  order  to  realize  this  principle 
of  equality  and  justice  when  levying  the  general  property 
tax,  the  government  must  set  in  motion  an  elaborate  taxing 
machinery,  and  must  carefully  control  all  the  processes  of 
taxation.  Its  officers  must  discover  all  the  property  of 
every  person,  and  must  place  thereon  a  fair  valuation;  it 
must  provide  agencies  for  correcting  unjust  and  unfair 
valuations;  it  must  have  officers  for  collecting  the  taxes 
and  means  of  enforcing  payment;  finally,  it  must,  in  the 
name  of  public  policy,  exempt  certain  classes  of  property 
from  the  payment  of  taxes. 


STATE  FINANCE  285 

An  account  of  the  operation  of  the  general  property  tax 
includes  the  consideration  of  the  following  topics:  (1)  As- 
sessment; (2)  Equalization;  (3)  Collection;  (4)  Delin- 
quency; (5)  Exemption. 

(1)  Assessment.  The  administration  of  the  general 
property  tax  begins  with  the  placing  of  a  valuation  upon 
all  property,  real  and  personal.  This  official  valuation  is 
called  an  assessment.  The  officers  of  assessment,  known  as 
assessors,  in  some  States  are  elected  by  the  people;  in  other 
States  they  receive  their  office  by  appointment. 

The  assessors  of  a  local  division — of  a  city,  or  town,  or 
township  ^ — after  personally  inspecting  the  property  of 
the  taxpayer  and  making  a  series  of  inquiries  in  reference 
to  it,  place  a  value  upon  it.  This  is  done  in  respect  to 
the  property  of  every  taxpayer.  The  sum  of  all  the  valua- 
tions of  property  thus  made  is  the  assessment  of  the  local 
division.  The  tax  rate  of  the  local  division  is  found  by 
dividing  the  expenditures  determined  upon  by  the  assess- 
ment. If  the  assessment  is  $50,000,000,  and  the  expenses 
of  the  local  government  are  $500,000,  dollars,  the  tax  rate 
is  one  hundredth  or  one  per  cent.  Every  tax-payer,  there- 
fore, must  pay  local  taxes  amounting  to  one  per  cent,  of 
the  assessed  valuation  of  his  property. 

But  this  local  division,  even  if  it  be  a  large  city,  is 
probably  located  in  a  county  in  which  there  are  additional 
expenses  of  county  government.  The  local  division  must 
bear  its  share  of  these  expenses,  and  this  will  increase  the 
rate  of  the  taxpayer.  The  county  rate  is  found  by  divid- 
ing the  county  expenditures  by  the  county  assessment, 
which  is  the  sum  of  the  assessments  of  all  the  local  divisions 
of  the  county.^  Again,  the  county  as  a  part  of  the  State 
must  contribute  its  share  to  the  support  of  the  general 
State  government.     The  State  rate  ^  is  found  by  dividing 

1  In  some  States  the  county  is  the  smallest  local  division  for  purposes  of 
assessment. 

2  The  valuation  put  upon  property  in  the  local  assessment  is  usually  re- 
garded as  its  proper  valuation  for  purposes  of  county  an^  State  taxation. 

3  In  several  States  there  is  no  general  property  tax  for  State  purposes,  the 
revenue  for  the  general  State  government  being  obtained  chiefly  from  corpora- 
tion taxes  and  from  licenses. 


286  THE  AMERICAN  DEMOCRACY 

the  State  expenditures  by  the  State  assessment  (the  sum 
of  the  county  essessments).  This  rate,  added  to  the  local 
and  county  rates,  gives  the  tax  rate  of  the  local  taxpayer. 

(2)  Equalization.  In  levying  the  general  property  tax 
the  individual  assessments  must  be  just.  If  A's  house  is 
assessed  at  one  thousand  dollars  when  it  is  worth  two  thou- 
sand dollars,  and  B's  house  is  assessed  at  three  thousand 
dollars  when  it  is  worth  two  thousand  dollars,  B  will  pay 
three  times  as  much  in  taxes  as  A,  whereas  in  justice  he 
ought  to  pay  only  as  much  as  A.  In  most  of  the  States 
means  are  provided  for  correcting  unfair  assessments. 
Very  often  there  is  a  local  board  of  equalization  to  which 
taxpayers  may  appeal  when  they  think  they  have  not  been 
treated  fairly  at  the  hands  of  the  assessors.  Sometimes 
such  complaints  are  taken  to  an  appeal  tax  court,  or  to  the 
board  of  county  commissioners.  When  the  board  of  equali- 
zation or  other  body  to  which  appeal  is  made  finds  that 
there  has  been  an  unjust  assessment,  it  orders  a  new  one 
made. 

Frequently  evils  arise  from  uneven  assessments  among 
localities.  For  example,  in  one  county  the  assessors  may 
place  the  valuation  of  all  property  too  low,  while  in  another 
county  the  property  may  be  assessed  at  its  true  value.  As 
far  as  the  county  tax  is  concerned,  undervaluation,  if  uni- 
form as  among  the  individuals  of  the  comity,  works  no 
harm;  but  it  works  harm  in  connection  with  the  State  tax, 
for  the  taxpayers  of  a  county  in  which  there  is  under-as- 
sessment  contribute  less  than  their  just  share  to  the  State 
expenses.  State  boards  of  equalization  have  been  estab- 
lished in  many  States  to  correct  evils  growing  out  of  un- 
even assessments  among  localities.  These  State  boards, 
however,  have  not  in  all  cases  been  able  to  apply  a  remedy 
for  wrongs  occasioned  by  improper  local  assessments. 

Where  all  the  local  divisions  in  a  State  assess  property 
according  to  the  same  principle,  and  assess  it  honestly, 
there  is  no  trouble;  but  where  original  local  assessments 
are  made  in  a  haphazard  manner,  or  with  a  view  to  escap- 


STATE  FINANCE  287 

ing  just  burdens,  the  whole  taxing  system  of  the  State  is 
vitiated,  and  a  remedy  is  almost  impossible.  The  goodness 
or  badness  of  the  administration  of  the  general  property 
tax,  therefore,  depends  upon  the  work  of  the  local  assessors. 

(3)  Collection.  The  general  property  tax  is  gathered  by 
^ocal  officers.  Usually  tax-collectors  are  elected  or  ap- 
pointed for  the  sole  purpose  of  collecting  taxes;  but  in 
some  States  the  collection  is  made  by  a  constable  or  select- 
man, township  supervisor,  or  other  local  officer.  In  the 
performance  of  his  duties  the  collector  is  guided  solely  by 
the  tax  list  prepared  by  the  assessors.  The  same  collector 
usually  collects  State,  county,  and  local  taxes.  When  this 
is  the  case  a  distribution  is  made,  the  local  division,  the 
county,  and  the  State  each  receiving  its  proper  share. 

(4)  Delinquency.  "When  the  taxpayer  fails  to  pay  his 
tax  bill  promptly,  the  property  upon  which  the  tax  is 
levied  is  said  to  be  delinquent,  and  is  liable  to  be  sold  to 
satisfy  the  claim.  If  the  property  sold  for  taxes  should 
bring  more  than  the  amount  of  the  tax,  the  excess  is  given 
to  the  owner.  Moreover,  the  owner  usually  has  the  right  to 
buy  back  his  property  at  the  price  for  which  it  is  sold. 
This  right  of  redemption,  however,  continues  for  only  a 
limited  period,  usually  two  years. 

(5)  Exemption.  State  constitutions  almost  always 
specify  the  kinds  of  property  that  may  be  exempt  from 
taxation,  and  the  legislature  is  usually  forbidden  to  exempt 
any  other  kind.  A  clause  from  the  constitution  of  Min- 
nesota will  illustrate  the  practice  in  reference  to  exemp- 
tion: "Public  burying  grounds,  public  school-houses,  pub- 
lic hospitals,  academies,  colleges,  universities,  and  all 
seminaries  of  learning,  all  churches,  church  property  used 
for  religious  purposes,  and  houses  of  worship,  institutions 
of  purely  public^  charity,  public  property  used  for  public 
purposes,  and  personal  property  to  an  amount  not  exceeding 
in  value  two  hundred  dollars  for  each  individual,  shall  by 
general  laws  be  exempt  from  taxation. '*  Many  States  are 
careful  to  exempt  household  furniture  to  a  certain  value. 


288  THE  AMERICAN  DEMOCRACY 

II.  Miscellaneous  Taxes.  In  the  raising  of  revenues  the 
State  and  the  local  governments  are  by  no  means  confined 
to  the  general  property  tax.  Large  sums  are  realized  from 
fees,  licenses,  and  franchises.  The  opportunity  for  revenue 
in  the  way  of  licenses  is  seen  in  the  following  clause  of 
one  of  the  State  constitutions :  ' '  The  legislature  shall  have 
power  to  tax  peddlers,  auctioneers,  brokers,  bankers,  com- 
mission merchants,  showmen,  jugglers,  innkeepers,  .  .  . 
venders  of  patents,  in  such  manner  as  it  shall  direct  by 
general  law,  uniform  as  to  the  class  upon  which  it  operates. ' ' 
The  franchise  tax  levied  upon  the  franchises  (p.  268)  of 
railroads  a^d  other  corporations  is  also  proving  to  be  a 
source  of  much  revenue  in  some  States. 

Incomes  are  taxed  in  a  few  States ;  inheritances  in  many. 
Poll  or  capitation  taxes  are  very  common,  and  in  some 
States  yield  considerable  revenue.  In  cities  large  sums  are 
collected  as  water  rents  and  special  assessments  for  the 
payment  (in  whole  or  in  part)  for  street  improvements  to 
abutting  property.  Water  rents  and  special  assessments, 
however,  are  not  in  the  strict  sense  taxes;  they  are  rather 
payments  for  social  services  which  the  government  has 
chosen  to  perform.  Fines  also  add  materially  to  the  public 
funds,  but  they  can  in  no  sense  be  regarded  as  taxes. 

State  and  City  Budgets.  In  most  of  the  States  appropria- 
tions for  the  support  of  the  State  government  are  under 
the  exclusive  control  of  the  legislature.  Where  this  is 
true  the  legislative  leaders  are  the  undisputed  masters  of 
State  finance.  In  about  half  the  States,  however,  in  order 
to  remedy  the  evils  of  indiscriminate  and  unsystematic  ac- 
tion by  the  legislature,  the  budget  system  has  been  intro- 
duced ;  that  is,  the  governor,  or  some  administrative  board, 
submits  to  the  legislature  an  itemized  statement  of  the 
financial  needs  of  all  the  State  departments.  This  state- 
ment is  used  as  a  basis  for  legislative  action  when  appro- 
priations are  being  made.  In  a  few  States  an  item  of  the 
budget  may  be  stricken  out  or  decreased  by  the  legislature, 


STATE  FINANCE  289 

but  may  not  be  increased  by  that  body.  Of  course,  the 
power  of  the  legislature  could  not  be  restricted  in  this 
manner  unless  with  its  own  consent  or  under  the  author- 
ity of  the  State  constitution.  In  Maryland  the  constitution 
expressly  restricts  the  legislature  in  respect  to  its  power 
when  dealing  with  the  items  of  the  budget. 

In  cities  the  tendency  toward  budgetary  procedure  is 
also  strong.  Under  many  municipal  charters  financial 
management  has  virtually  passed  from  the  council  to  a 
board  of  estimates,  of  which  the  mayor  is  a  member  and 
over  which  he  may  exert  a  controlling  influence  if  he 
chooses  to  do  so,  for  he  usually  appoints  a  majority  of  the 
members.  This  board  of  estimates  prepares  the  city  budget 
and  submits  it  to  the  city  council  or  commission.  The 
council  may  lower  the  estimates,  but  it  can  not  exceed  them. 
In  New  York  City  the  budget  is  made  by  a  board  composed 
of  the  mayor,  the  city  comptroller,  the  president  of  the 
board  of  aldermen,  and  the  presidents  of  the  five  boroughs. 
In  some  of  the  cities  of  Ohio  the  mayor  makes  up  the 
budget  from  estimates  prepared  by  the  several  municipal 
departments.  The  council  may  strike  out  a  particular 
item  of  the  budget  or  decrease  an  item,  but  it  can  not 
increase  the  total  of  the  budget. 

Questions  on  the  Text 

1.  What  restrictions  are  placed  upon  the  power  of  the  State  to 
tax? 

2.  By  what  authority  are  taxes  levied  for  the  support  of  the 
State  government?  Compare  the  expenditures  of  the  State  govern- 
ment with  the  expenditures  of  the  local  governments.  By  what  au- 
thority are  taxes  levied  for  the  support  of  local  government? 

3.  Explain  the  work  of  assessors.  What  is  the  assessment? 
How  is  the  local  tax  rate  determined?  the  county  rate?  the  State 
rate? 

4.  What  is  the  duty  of  the  board  of  equalization?  What  evil 
arises  from  uneven  assessments? 

5.  What  is  done  with  delinquent  property? 

6.  What  kinds  of  property  are  exempt  from  taxation? 

7.  Name  several  kinds  of  taxes  besides  the  general  property  tax 
that  are  accustomed  to  be  levied  in  the  State. 

8.  Give  an  account  of  State  budgets;  of  city  budgets. 


290  THE  AMERICAN  DEMOCRACY 

Suggestive  Questions  and  Exeecises 

1.  "The  power  to  tax  is  the  power  to  destroy."  Why  would  it  not 
be  wise  for  the  federal  government  to  have  the  power  to  tax  the 
property  of  the  State  and  the  salaries  of  its  officers? 

2.  What  are  the  general  provisions  of  the  constitution  of  this 
State  in  reference  to  taxation?  What  restrictions  are  placed  upon 
the  taxing  power  of  counties?  of  townships?  of  cities? 

3.  Does  the  right  to  vote  in  this  State  depend  in  any  way  upon 
the  payment  of  any  kind  of  taxes?  Ought  it  so  to  depend?  Do  all 
who  pay  taxes  in  this  State  have  a  right  to  vote? 

4.  Of  the  several  kinds  of  taxes  mentioned  in  the  text,  which  are 
levied  in  this  State? 

6.  Are  mortgages  taxed  in  this  State?  If  so,  who  pays  this  tax? 
Are  incomes  taxed  in  this  State?     If  so,  who  pays  this  tax? 

6.  What  are  the  several  kinds  of  property  exempt  from  taxation 
in  this  State?     (See  the  constitution.) 

7.  If  you  owed  a  man  a  just  debt  and  saw  an  opportunity  of 
escaping  payment,  would  you  avail  yourself  of  the  opportunity?  If 
you  owned  property  that  should  pay  taxes  and  saw  an  opportunity 
to  hide  the  property  from  the  assessors  and  thus  escape  the  payment 
of  the  tax,  would  you  avail  yourself  of  the  opportunity? 

8.  If  a  man  should  send  you  a  bill  for  three  dollars  when  you 
knew  you  owed  him  five  dollars,  would  you  call  his  attention  to  the 
mistake?  If  the  assessor  should  assess  your  house  at  $5,000  when  it 
is  worth  $3,000,  what  would  you  do?  If  he  should  assess  it  at  $3,000 
when  it  is  worth  $5,000,  what  would  you  do?  Do  you  believe  men 
are  disposed  to  deal  as  honestly  with  the  government  as  they  are 
with  their  neighbors? 

9.  What  is  the  tax  rate  of  this  municipality?  of  this  county?  of 
this  State? 

10.  Under  what  circumstances  would  there  be  no  grumbling  about 
taxes  ? 

11.  Is  there  a  State  tax  commission  in  this  State?  If  so,  give  an 
account  of  its  organization  and  its  powers. 

12.  What  penalty  is  imposed  in  this  State  in  case  of  delinquent 
taxes  ? 

13.  What  is  the  assessed  valuation  of  the  property  of  this  city? 
W^hat  is  the  rate  of  taxation? 

14.  Is  any  graduated  or  progressive  tax  in  operation  in  this 
State? 

15.  Secure  a  copy  of  your  State  budget  and  prepare  a  statement 
similar  to  the  one  found  on  page  282,  showing  what  proportion  of 
the  State  funds  are  spent  for  education,  for  highways,  for  charitable 
institutions,  etc. 

Topics  for  Special  Wobk 

1.  Budget  Making:  Bru^re,  175-201. 

2.  State  Taxation:    Reinsch,  293-325. 

3.  Taxation  in  the  States:  Bullock,  559-587. 

4.  State  Budget  System:   Munro,  466-469. 


XXXVI 
PUBLIC  DEBT 

The  subject  of  public  finance,  as  we  have  learned  (p.  266),  in- 
cludes the  subject  of  public  debt.  How  does  the  government  borrow 
money?  To  what  extent  have  our  several  governments  contracted 
debts?     What  provisions  are  made  for  paying  the  public  debt? 

Public  Debt  a  Necessity.  A  most  important  topic  of  public 
finance  is  public  deht.  The  necessity  of  incurring  debt 
in  the  conduct  of  public  affairs  is  perhaps  stronger  than 
it  is  in  the  management  of  private  business.  Governments 
can  not  accumulate  money;  they  must  confine  taxation  to 
such  amounts  as  are  necessary  to  meet  expenses  for  the 
current  year.  At  the  end  of  the  fiscal  year  the  treasury 
is  supposed  to  be  virtually  empty.  This  is  unquestionably 
the  correct  policy.  A  government  is  sorely  tempted  to 
be  extravagant  when  it  has  more  money  on  hand  than  it 
needs.  It  has  been  said  with  some  truth  that  the  way 
to  keep  governments  pure  is  to  keep  them  poor. 

Since  it  can  not  save  for  a  rainy  day,  when  the  rainy 
day  comes  and  large  sums  of  money  must  be  had  at  once, 
government  must  borrow.  Increased  taxation  can  not  be 
relied  upon  to  supply  the  necessary  revenue.  In  1863  the 
federal  government  used  its  taxing  power  to  the  utmost 
to  raise  the  money  for  the  support  of  its  war  operations,  yet 
it  could  not  collect  by  taxation  one  sixth  of  what  it  spent 
during  the  year.  More  than  five  sixths  of  its  expenses  had 
to  be  met  by  borrowing.  Also,  in  the  war  with  Germany, 
the  sums  that  we  borrowed  vastly  exceeded  those  raised  by 
taxation. 

How  a  Government  Borrows  Money.  When  a  govern- 
ment wishes  to  raise  money  by  borrowing,  it  usually  sells 
its  bonds  to  voluntary  buyers.     A  government  bond  resem- 

291 


292  THE  AMERICAN  DEMOCRACY 

bles  a  promissory  note  given  by  an  individual  who  borrows 
mone3^  In  the  bond  are  stated  the  amount  owed  by  the 
government,  the  date  of  payment,  and  the  rate  of  interest. 
A  bond  may  be  for  a  small  sum  or  for  many  thousands  of 
dollars.  The  amount  received  by  a  government  for  a  bond 
depends  upon  (1)  the  confidence  that  lenders  have  in  the 
government's  ability  to  redeem  the  bond,  that  is,  to  pay 
the  debt;  (2)  the  rate  of  interest  offered;  and  (3)  the 
length  of  time  the  debt  is  to  run.  Sometimes  the  conditions 
of  borrowing  are  so  favorable  that  a  government  receives 
for  a  bond  a  sum  considerably  greater  than  the  face  value 
of  the  debt. 

Besides  raising  money  by  issuing  bonds,  the  national  gov- 
ernment issued  (in  1862-63)  paper  money,  declaring  this 
to  be  ''lawful  money  and  a  legal  tender  in  payment  of  all 
debts,  public  and  private,  except  duties  on  imports  and 
interest  on  bonds  and  notes  of  the  United  States."  This 
money  was  printed  by  the  government  and  paid  out  to  its 
creditors.  Those  who  received  it  could  compel  others  to 
take  it  in  payment  of  debts.  Money  secured  in  this  way 
may  be  regarded  as  a  forced  loan. 

National  Debt.  The  Constitution  gives  to  Congress  un- 
limited power  to  borrow  money  (46)  ;  it  imposes  no  re- 
striction as  to  time,  or  amount,  or  security,  or  interest. 
Congress  may  not,  however,  pay  any  debt  incurred  in  aid 
of  rebellion  against  the  United  States  (157).  The  debts 
contracted  by  the  United  States  under  the  confederation 
were  made  valid  as  against  the  new  government  (125). 
Alexander  Hamilton,  the  first  Secretary  of  the  Treasury, 
and  perhaps  the  greatest  financier  in  our  history,  wished 
to  make  the  credit  of  the  national  government  so  good 
that  no  one  would  ever  hesitate  to  lend  it  money.  He  urged 
Congress  to  pay  not  only  the  regularly  contracted  debt  of 
the  confederation  (foreign  $12,000,000;  domestic,  $42,000,- 
000),  but  also  to  assume  the  war  debt  ($21,000,000)  in- 
curred by  the  States  during  the  War  of  the  Revolution. 


PUBLIC  DEBT  293 

After  a  long  debate  the  policy  of  assumption  was  adopted, 
and  the  new  government  began  its  career  with  a  debt  of 
about  $75,000,000. 

Hamilton  was  inclined  to  regard  a  public  debt  as  a  source 
of  strength  to  a  government.  By  scattering  the  govern- 
ment's bonds  among  the  people,  he  contended,  you  create  an 
interest  in  its  stability.  Men  will  always  rally  to  the  sup- 
port of  a  government  which  owes  them  money.  Hamilton 's 
financiering,  therefore,  did  not  tend  to  pay  off  the  national 
debt  as  rapidly  as  possible.  When  his  political  rival,  Jeffer- 
son, who  was  not  deeply  concerned  about  the  strength  of  the 
central  government,  came  into  power,  a  policy  of  paying  off 
the  debt  as  fast  as  possible  was  pursued,  and  its  amount 
steadily  fell  until  the  War  of  1812,  when  it  rose  to  nearly 
$125,000,000.  After  the  War  of  1812  the  policy  of  reducing 
the  debt  continued,  and  by  1836  the  national  debt  was  prac- 
tically extinguished,  and  the  treasury  had  on  hand  about 
$40,000,000  for  which  it  had  no  use.  The  greater  part  of 
this  surplus  was  actually  distributed  among  the  States  ac- 
cording to  population. 

After  1836  the  government  began  to  incur  small  debts, 
and  during  the  Mexican  War  it  borrowed  considerable  sums. 
At  no  time,  however,  did  it  become  very  large  until  the  out- 
break of  the  Civil  War,  when  it  jumped  from  less  than 
$65,000,000  in  1860  to  more  than  $500,000,000  in  1862. 
After  1862  the  debt  steadily  mounted  until  1866,  when  it 
approached  $3,000,000,000.  It  then  steadily  declined  until 
1916,  when  the  interest -bearing  debt  was  only  about  $1,000,- 
000,000. 

Upon  our  entrance  into  the  Great  War  in  1917,  the  na- 
tional debt  began  to  rise  and  soon  reached  a  figure  of 
startling  magnitude.  In  1920  the  total  interest-bearing 
debt  of  the  United  States  was  in  the  neighborhood  of 
$25,000,000,000. 

State  Debt.     A  State  must  not  assume  a  debt  incurred  in 
aid  of  insurrection  or  rebellion  against  the  United  States 


294  THE  AMERICAN  DEMOCRACY 

(158).  This  is  the  only  restriction  imposed  by  the  Con- 
stitution upon  the  State  as  to  its  debts.  The  constitutions 
of  most  States,  however,  forbid  the  unlimited  borrowing 
of  money,  although  the  restrictions  do  not  extend  to  bor- 
rowing for  purposes  of  public  defense.  To  defend  itself 
against  invasion,  or  to  suppress  insurrections,  the  State 
may  borrow  to  an  unlimited  extent,  upon  the  principle 
that  the  public  safety  is  above  every  other  consideration. 
In  most  of  the  States  a  deficit  can  be  met  by  borrowing, 
but  the  constitutions  usually  specify  how  large  a  deficit 
may  be  met  in  this  way.  In  some  of  the  States  the  amount 
that  may  be  borrowed  to  cover  a  deficit  must  not  exceed 
$50,000;  in  others  it  may  be  as  large  as  $1,000,000.  In 
the  constitutions  of  a  number  of  the  States  it  is  provided 
that  money  can  not  be  borrowed  unless  the  law  authorizing 
the  loan  is  first  submitted  to  the  people  and  their  assent 
to  it  secured. 

The  finances  of  the  State  governments,  broadly  speaking, 
are  in  a  healthy  condition.  Only  in  a  few  States  is  the 
State  debt  considerable,  while  in  many  cases  it  is  so  small 
as  to  be  inappreciable.  This  praiseworthy  condition  of 
affairs  is  due  in  part  to  constitutional  provisions,  in  part 
to  the  great  resources  of  the  State  governments,  in  part  to 
the  wisdom  and  self-restraint  of  the  State  legislatures. 

Debts  of  Local  Governments.  Restrictions  upon  local 
governments  in  reference  to  borrowing  are  found  in  al- 
most every  State.  If  the  restrictions  do  not  appear  in  the 
constitution,  they  appear  in  the  laws  of  the  legislature 
or  in  the  municipal  charters.  Most  of  the  State  constitu- 
tions fix  the  rate  of  indebtedness  that  the  local  govern- 
ment may  incur.  Frequently  this  rate  is  5  per  cent,  of  the 
total  valuation  of  the  property  within  the  civil  division 
that  borrows  the  money.  In  nearly  all  cases,  before 
money  can  be  borrowed  by  a  local  government  the  ques- 
tion must  be  referred  to  the  people. 

Notwithstanding  the  restrictions  placed  upon  the  bor- 


PUBLIC  DEBT  295 

rowing  power  of  local  governments,  they  are  everywhere 
throughout  the  United  States  heavily  in  debt.  Especially 
is  this  true  of  municipalities.  The  combined  municipal 
debt  is  many  times  larger  than  the  combined  debt  of  all 
the  States.  The  debt  of  New  York  City  alone  is  much 
larger  than  the  total  debt  of  the  forty-eight  States,  and  the 
debts  of  many  other  cities  are  proportionally  as  large  as 
that  of  the  metropolis. 

The  debts  of  cities  have  been  incurred  for  the  building 
of  water-works,  city  halls,  school-houses,  and  for  the  pav- 
ing of  streets  and  the  construction  of  sewers.  These  im- 
provements have  necessitated  the  outlay  of  large  sums  in 
a  short  period  of  time,  and  it  has  not  been  possible  to  col- 
lect sufficient  money  by  taxation  to  pay  for  them  as  they 
have  been  made.  The  rapid  growth  of  American  cities  has 
sometimes  caused  the  expenditures  to  increase  at  an  alarm- 
ing rate.  In  some  instances  sewers  and  water-works  have 
been  constructed  on  a  scale  suitable  for  a  city  of  a  hundred 
thousand  people,  and,  behold,  the  population  has  increased 
to  four  times  that  number!  This  increase  has  rendered 
the  old  improvements  worthless  and  made  necessary  the 
construction  of  new  ones  at  an  enormous  expense.  Besides, 
it  is  generally  confessed  that  the  management  of  the  finan- 
ces of  cities  has  been  bad  the  country  over.  In  the  award- 
ing of  contracts  for  public  works  larger  sums  of  money 
have  been  paid  to  contractors  than  the  work  has  been  worth. 
Franchises  have  been  granted  to  corporations  for  a  song, 
when  they  ought  to  have  realized  large  sums.  Temporary 
or  floating  debts  caused  by  deficits  have  not  been  paid 
promptly  by  means  of  taxation,  but  have  been  added  to 
the  bonded  debt. 

The  management  of  the  finances  of  cities  has  called  forth 
various  schemes  of  reform.  One  of  these  is  the  plan  of 
taking  away  from  the  city  council  some  of  its  financial 
powers  and  lodging  them  with  the  board  of  estimates 
(p.  290).  Another  remedy  proposed  is  to  prescribe  a  prop- 
erty qualification  for  voters,  when  financial  questions  are 


296  THE  AMERICAN  DEMOCRACY 

involved.  This  plan  is  both  impracticable  and  unwise: 
impracticable,  because  voters  will  not  consent  to  it;  un- 
wise, because  it  would  be  an  unnecessary  assault  upon  the 
principle  of  democracy.  The  corrupt  bargains  that  are 
made  in  the  management  of  the  finances  of  a  city  are  made 
by  those  who  possess  property,  not  by  those  who  have  no 
property.  A  property  qualification  would  not  exclude  the 
corruptionists  from  taking  a  part  in  city  affairs,  but  it 
would  exclude  many  honest  men  from  taking  part;  and 
it  is  to  honest  men,  after  all,  that  we  must  look  for  genuine 
reform.  The  possession  or  non-possession  of  property  has 
really  very  little  to  do  with  the  matter.  Good  municipal 
government,  let  it  be  said  again,  is  purely  and  simply  a 
question  of  honesty  upon  the  part  of  officials  and  vigilance 
upon  the  part  of  citizens. 

How  Public  Debts  are  Paid.  Public  debts,  of  course,  must 
be  paid  by  taxation.  Indeed,  they  are  often  called  anti- 
cipatory taxes,  from  the  fact  that  government,  in  borrow- 
ing a  sum  of  money,  anticipates  a  certain  revenue  that 
it  expects  to  receive  by  taxation.  A  State  can  not  be  com- 
pelled by  federal  authority  to  pay  a  debt  to  a  citizen,  for, 
without  the  consent  of  the  State,  a  citizen  can  not  bring  his 
suit  into  a  federal  court  (145)  and  establish  his  claim. 
The  United  States  can  not  be  compelled  to  pay  a  debt,  for 
you  can  not  compel  a  sovereign  power  to  do  anything 
against  its  will. 

It  is  customary  in  the  United  States  for  a  government, 
national.  State,  and  local,  to  prepare  for  the  payment  of  a 
debt  at  the  time  it  is  incurred,  according  to  the  doctrine 
of  Hamilton,  who  held  that  the  "creation  of  a  debt  ought 
to  be  accompanied  with  means  of  its  extinguishment. ' '  This 
preparation  usually  consists  in  the  creation  of  a  sinking 
fund.  Under  the  sinking  fund  plan  the  law  that  pro- 
vides for  the  borrowing  of  money  also  provides  for  the  rais- 
ing by  taxation  of  a  certain  sum  annually,  which  shall  be 
set  aside  for  the  "sinking"  or  the  paying  of  the  bonds 


PUBLIC  DEBT  297 

when  they  shall  become  due.  The  sum  raised  for  the  sink- 
ing fund  is  inviolate  and  can  be  used  for  no  other  purpose, 
unless  for  public  defense. 

The  United  States  may  borrow  money  without  creating 
at  the  same  time  a  sinking  fund  for  its  payment;  but  the 
constitutions  of  many  States  provide  that  all  debts,  whether 
State  or  municipal,  shall  be  accompanied  by  means  of  ex- 
tinguishment, and  the  means  adopted  is  usually  the  sinking 
fund  arrangement. 

Questions  on  the  Text 

1.  How  does  the  necessity  of  public  debt  originate? 

2.  Under  what  circumstances  is  the  government  justified  in  bor- 
rowing? 

3.  Describe  a  government  bond.  Upon  what  does  the  value  of  a 
government  bond  depend? 

4.  In  what  way  may  governments  sometimes  make  a  forced  loan? 

5.  What  are  the  provisions  of  the  Constitution  in  respect  to  bor- 
rowing? What  was  Hamilton's  doctrine  concerning  a  public  debt? 
What  was  Jefferson's  policy  in  respect  to  the  public  debt? 

6.  Sketch  the  history  of  the  debt  of  the  United  States. 

7.  What  restriction  upon  the  borrowing  power  of  a  State  is  in 
the  federal  Constitution  ?  What  restriction  upon  borrowing  is 
usually  found  in  a  State  constitution? 

8.  What  can  be  said  of  the  condition  of  the  finances  of  State 
governments  ? 

9.  What  restrictions  are  placed  upon  the  borrowing  power  of  mu- 
nicipalities? For  what  purposes  have  the  debts  of  municipalities 
been  incurred?     Why  have  these  debts  become  so  large? 

10.  What  remedies  have  been  proposed  for  the  betterment  of  city 
government  ? 

11.  Why  can  not  the  United  States  be  compelled  to  pay  its  debt? 
Why  can  not  a  State  be  compelled  to  pay  its  debt? 

12.  Explain  the  sinking  fund  arrangement. 

Suggestive  Questions  and  Exekcises 

1.  Compare  graphically  the  per  capita  debt  of  the  United  States 
with  that  of  each  of  the  following  countries:  England,  Germany, 
France,  Italy,  Russia,  Austria. 

2.  If  the  term  for  wliich  a  bond  is  issued  is  long,  how  will  that 
fact  affect  the  price  paid  for  it? 

3.  Is  it  right  for  this  generation  to  contract  public  debts  that 
must  be  paid  by  the  next  generation?     Give  reasons  for  your  answer. 

4.  "Public  debt  is  a  public  blessing."  "Public  debt  is  a  public 
curse."  Point  out  the  truth  and  falsity  contained  in  both  of  the 
preceding  statements. 


298  THE  AMERICAN  DEMOCRACY 

5.  How  much  per  voter  does  the  United  States  government  owe? 

6.  What  sum  does  this  State  owe  ?  this  county  ?  this  municipality  ? 
State  the  purposes  for  which  these  debts  were  contracted. 

7.  What  provisions  does  the  constitution  of  this  State  make  in. 
reference  to  the  debt  of  the  State?  to  the  debt  of  counties?  to  the 
debt  of  cities?  What  are  the  advantages  and  disadvantages  of  these 
provisions  ? 

8.  Bring  a  government  bond  to  the  class  to  be  examined  and 
studied. 

9.  Do  rents  in  cities  rise  and  fall  with  the  tax  rate?  Ask  a 
dealer  in  real  estate  about  this. 

10.  Show  how  the  tax  rate  may  be  kept  low  for  a  while  by  borrow- 
ing.    What  is  the  final  result  of  such  a  system  of  financiering? 

11.  Is  a  large  public  debt  necessary  to  make  a  government  strong 
itt  the  hour  of  its  need?     Answer  this  from  our  own  history. 

Topics  foe  Special  Wokk 

1.  Financial  Administration  of  Cities:   Goodnow  and  Bates,  397- 

426. 

2.  Municipal  Finance:    Kaye,  452-456. 

3.  The  City  Budget:  Howe,  322-344. 

4.  The  National  Debt:    Munro,  233-245. 


XXXYII 

MONEY 

Closely  related  to  the  financial  function  of  government  is  the 
function  of  regulating  the  monetary  system.  In  order  to  under- 
itand  our  monetary  system  we  must  learn  the  leading  facts  about 
money  considered  simply  as  a  medium  of  exchange.  In  this  chapter, 
therefore,  we  shall  inquire  into  the  nature  and  characteristics  of 
money,  and  learn  of  its  use  as  an  agency  for  the  transaction  of 
business. 

Money  a  Commodity.  The  early  colonists  brought  with 
them  but  little  money,  and  they  were  therefore  placed  in 
conditions  similar  to  those  that  existed  in  the  earliest 
times,  when  there  was  no  money  and  when  exchange  of 
goods  had  to  be  affected  by  barter;  that  is  to  say,  when 
one  commodity  had  to  be  exchanged  for  another  directly — 
corn  for  fish,  a  horse  for  a  cow.  Exchange  by  pure  barter, 
however,  is  too  clumsy  to  be  practised  long.  An  intelligent 
people  will  always  find  some  commodity  that  will  pass 
from  man  to  man  as  money  and  thus  make  exchange  easy. 

The  colonists  in  Virginia  chose  tobacco  as  a  substitute 
for  the  silver  and  gold  coins  they  lacked.  Tobacco  was 
in  universal  demand.  The  Indians  prized  it  highly,  the 
colonists  themselves  used  it  freely,  and  merchants  were 
always  ready  to  purchase  it  when  it  was  brought  down 
to  the  ships  that  traded  with  the  New  World.  Men,  there- 
fore, would  accept  tobacco  in  exchange  for  a  commodity, 
not  because  they  themselves  wanted  tobacco,  but  because 
they  knew  that  that  commodity  was  so  generally  desirable 
that  they  would  have  no  trouble  in  exchanging  it  for  any 
other  commodity  they  might  wish. 

There  were   other  reasons  why  tobacco   could  be   ex- 

299 


300  THE  AMERICAN  DEMOCRACY 

changed  for  any  other  kind  of  goods.  A  small  bulk  of  it 
contained  a  great  deal  of  value,  a  pound,  in  the  early  days 
of  the  colony,  being  worth  three  shillings  in  England. 
Again,  tobacco  could  be  easily  divided  and  subdivided,  and 
articles  of  small  value  as  well  as  of  great  could  be  ex- 
changed for  it.  One  pound  of  tobacco  usually  represented 
about  the  same  value  as  another.  These  characteristics  of 
tobacco,  joined  with  the  universal  demand  for  it,  led  to 
its  use  as  money. 

In  New  England,  in  the  early  days  when  coin  was  scarce, 
corn  was  used  as  a  substitute  for  money,  although  it  proved 
to  be  a  poor  substitute.  In  New  York,  Indian  wampum  or 
polished  clam-shells  passed  as  money  among  the  settlers. 
Each  colony  adopted  as  money  the  commodity  that  would 
circulate  most  readily. 

The  Precious  Metals.  As  industries  in  the  colonies  mul- 
tiplied and  trade  and  wealth  increased,  gold  and  silver 
became  more  abundant,  and  the  use  of  the  cruder  kinds  of 
money  was  abandoned.  This  was  to  be  expected.  No  other 
commodity  performs  the  functions  of  money  so  well  as 
these  metals.  The  reason  why  the  precious  metals — as 
silver  and  gold  are  called — are  everjrwhere  used  to  the  ex- 
clusion of  other  metals  may  be  summed  up  as  follows: 

(1)  They  possess  much  value  in  little  weight  and  bulk, 
and  can  therefore  be  carried  easily  from  place  to  place, 
and  can  easily  be  concealed  and  guarded. 

(2)  They  can  be  easily  divided  and  manufactured  into 
small  pieces  as  well  as  into  large  ones,  and  can  thus  be 
made  suitable  for  the  payment  of  sums  varying  in  amount, 

(3)  Time  does  not  destroy  their  value,  and  the  wear  and 
tear  of  handling  is  very  small. 

(4)  They  do  not  vary  in  quality.  *' There  is  no  such 
thing  as  inferior  gold  or  inferior  silver. ' ' 

(5)  They  have  a  value  of  their  own  apart  from  their 
usefulness  as  money,  for  they  are  used  in  the  manufacture 
of  many  expensive  articles  of  commerce. 


MONEY  301 

Coinage  of  Money.  When  a  farmer  takes  eggs  to  a  store 
and  exchanges  them  for  sugar,  a  certain  quantity  of  sugar 
is  weighed  in  scales.  If  metallic  money  is  desired  in  ex- 
change for  the  eggs,  if  the  farmer  wishes  to  buy  money 
with  his  eggs,  a  certain  weight  of  gold  or  silver  is  given 
to  him,  but  the  scales  are  not  brought  into  the  transaction. 
The  pieces  of  money  have  been  weighed  in  the  government 's 
mint,  and  the  farmer  is  satisfied  as  to  their  weight  and 
fineness. 

In  ancient  times  scales  were  employed  in  transactions 
like  the  above.  Gold  and  silver,  like  sugar,  were  weighed 
when  they  passed  from  man  to  man  as  money.  Since  ac- 
curate weighing  and  testing  were  difficult  processes,  it  be- 
came the  custom  to  stamp  upon  a  bar  or  ring  of  the  pre- 
cious metal  its  weight  and  fineness.  The  bar  or  ring  thus 
stamped  became  a  coin  and  did  not  need  further  weigh- 
ing. The  processes  of  coining  were  originally  conducted 
by  private  individuals,  usually  by  goldsmiths;  but  experi- 
ence showed  that  private  coinage  led  to  fraud,  and  govern- 
ments were  compelled  to  take  the  matter  into  their  own 
hands.  Coinage  is  now  everywhere  recognized  as  a  proper 
function  of  government. 

Under  the  Articles  of  Confederation  Congress  had  the 
power  to  coin  money,  but  it  had  not  the  bullion  (uncoined 
gold  and  silver)  to  coin.  The  little  money  that  was  coined 
during  the  period  of  the  Confederation  was  struck  off  by 
private  individuals  under  the  authority  of  the  various 
States.  The  framers  of  the  Constitution  took  the  right  of 
coinage  away  from  the  State  (72)  and  lodged  the  power 
entirely  with  the  federal  government  (49). 

Paper  Money.  Every  one  of  the  kinds  of  money  thus  far 
mentioned  has  an  intrinsic  value,  an  inherent,  essential 
value  arising  out  of  its  usefulness  as  a  commodity  and 
separate  from  its  character  as  money.  Tobacco  is  desirable 
as  a  means  of  gratifying  a  certain  appetite,  and  when  it 
ceased  to  be  used  as  money  it  was  still  valuable;  silver 


302  THE  AMERICAN  DEMOCRACY 

and  gold  are  highly  prized  as  articles  of  commerce,  and 
coins  made  of  these  metals  are  valuable  even  after  they 
have  been  melted  and  have  lost  their  form  as  money. 

There  is  another  kind  of  money  that  has  played  an  im- 
portant part  in  the  history  of  the  American  people.  This 
is  paper  money,  which  may  be  defined  as  money  that 
neither  possesses  nor  represents  intrinsic  value.  Paper 
money  may  be  printed  and  issued  by  a  government  with 
the  promise  that  it  will  be  redeemed  for  intrinsic  money, 
or  it  may  be  issued  by  a  bank  as  a  promissory  note  payable 
in  intrinsic  money,  but  it  is  never  intrinsic  money  itself. 
Paper  money  is  usually  made  a  legal  tender;  that  is,  the 
holder  of  it  may  tender,  or  offer,  it  in  payment  of  a  debt, 
and  the  creditor  must  receive  it  as  lawful  money.  Paper 
money  is  sometimes  called  fiat  money,  because  government 
makes  or  attempts  to  make  it  worth  so  much. 

The  Continental  Congress  of  1775  issued  $2,000,000  in 
bills  of  credit  based  upon  the  credit  of  the  States.  As  the 
war  progressed,  issues  became  larger  and  more  frequent, 
and  by  1779  more  than  $200,000,000  of  the  paper  money 
was  in  circulation.  In  addition  to  this  sum,  the  individual 
States  issued  about  $200,000,000  in  paper  money.  During 
the  first  part  of  the  war  the  notes  were  accepted  willingly 
and  circulated  freely  at  their  face  value ;  but  in  1777  they 
began  to  decline  in  value,  and  in  January,  1779,  eight 
dollars  of  the  paper  money  were  worth  only  one  dollar  in 
silver.  Congress  did  not  formally  make  the  Continental 
paper  a  legal  tender,  but  it  enacted  that  the  man  who 
refused  to  take  it  was  an  enemy  of  his  country.  People, 
however,  could  not  be  compelled  to  receive  it.  It  depre- 
ciated until  it  took  one  thousand  dollars  of  the  paper  money 
to  purchase  as  much  as  could  be  purchased  with  one  dollar 
of  silver.  Finally  the  Continental  money  became  abso- 
lutely worthless — "not  worth  a  continental."  Barber 
shops  were  papered  in  jest  with  the  bills ;  sailors,  on  return- 
ing from  their  cruises,  being  paid  off  in  bundles  of  worth- 
less money,  had  suits  of  clothes  made  of  it. 


MONEY  303 

In  1785  and  1786  there  were  extensive  issues  of  paper 
money  by  the  individual  States.  These  proved  to  be  the 
cause  of  much  confusion  and  injustice,  and  when  the 
framers  of  the  Constitution  came  to  the  subject  of  paper 
money  they  took  from  the  States  altogether  the  right  of 
issuing  bills  of  credit,  and  of  making  anything  but  gold 
and  silver  coin  a  legal  tender  in  payment  of  debts  (73). 

Representative  Money.  Paper  money  must  not  be  con- 
fused with  money  paper  or  representative  money.  When 
tobacco  was  used  as  money  in  the  colonies,  it  was  customary 
to  store  large  quantities  of  the  weed  in  warehouses  and 
give  the  depositor  a  receipt  for  the  amount  deposited. 
This  warehouse  receipt  passed  from  hand  to  hand  as  money. 
It  was  not  paper  money,  for  it  could  be  redeemed  for  in- 
trinsic money — tobacco.  A  very  large  part  of  the  money 
now  in  circulation  among  us  resembles  those  tobacco  re- 
ceipts, and  consists  of  printed  certificates  stating  that  there 
has  been  deposited  in  the  treasury  of  the  United  States  a 
certain  quantity  of  gold  or  silver  which  the  holder  of  the 
certificate  may  obtain  by  presenting  the  certificate  at  the 
treasury  for  redemption.  Representative  money  has  been 
invented  to  save  the  trouble  of  carrying  and  handling 
the  real  money. 

Rivalry  of  Gold  and  Silver;  Gresham's  Law.  Experi- 
ments with  paper  money  before  the  adoption  of  the  Con- 
stitution were  so  unsatisfactory  that  the  new  government 
decided  to  create  a  currency  that  should  have  a  metallic 
basis.  Accordingly,  it  established  a  mint,  and  enacted  a 
coinage  law  which  provided  for  the  free  coinage  of  gold 
and  silver.  ''It  shall  be  lawful,"  said  the  statute,  ''for 
any  person  or  persons  to  bring  to  the  said  mint  gold  or 
silver  bullion  in  order  to  their  being  coined,  .  .  .  free  of 
expense  to  the  person  or  persons  by  whom  the  same  shall 
have  been  brought.  And  as  soon  as  the  said  bullion  shall 
have  been  coined  the  person  or  persons  by  whom  the  same 
shall  have  been  delivered,  shall  upon  demand  receive  in 


304  THE  AMERICAN  DEMOCRACY 

lieu  thereof  coins  of  the  same  species  of  bullion  which  shall 
have  been  so  delivered,  weight  for  weight,  of  pure  gold  or 
silver  therein  contained.  That  all  gold  and  silver  coins 
which  shall  have  been  struck  (stamped)  and  issued  from 
said  mint  shall  be  a  lawful  tender  in  all  payments  what- 
soever. '  * 

The  relation  that  was  to  exist  between  the  value  of 
gold  and  that  of  silver  was  stated  in  these  words :  ' '  Every 
jBfteen  pounds  weight  of  pure  silver  shall  be  equal  value 
in  all  payments  with  one  pound  of  pure  gold."  The  law 
of  1792  thus  provided  for  free  coinage  of  gold  and  silver 
at  the  ratio  of  fifteen  to  one.  A  dollar  of  gold  contained 
24.75  grains  of  pure  metal,  and  a  dollar  of  silver  371.25 
(15X24.75)  grains. 

The  mint  continued  to  coin  the  precious  metals  at  the 
ratio  of  fifteen  to  one  until  the  year  1834,  when  it  was 
found  that  fifteen  pounds  of  silver  was  not  worth  one 
pound  of  gold.  About  this  time  one  pound  of  gold  in 
foreign  market  was  worth  nearly  sixteen  pounds  of  silver. 
The  holders  of  a  pound  of  gold,  therefore,  were  not  willing 
to  pay  it  out  in  the  United  States,  where  it  was  worth  but 
fifteen  pounds  of  silver,  just  as  farmers  would  not  be  willing 
to  exchange  a  bushel  of  wheat  for  seventy-five  cents  in  the 
home  market  when  they  could  get  eighty  cents  elsewhere. 
As  a  result  of  the  over- valuation  of  silver  (or  the  under- 
valuation of  gold)  there  came  into  operation  a  monetary 
principle  which  is  known  as  "Gresham's  law,"  and  which 
is  usually  stated  as  follows:  ''Bad  money  tends  to  drive 
out  good  money,  but  good  money  can  not  drive  out  bad." 
This  law  does  not  mean  that  either  silver  or  gold  is  of  it- 
self either  good  or  bad.  It  means  that  people  will  pay 
their  debts  and  purchase  articles  with  the  cheapest  money 
available,  and  that  they  will  either  hoard  or  send  abroad 
the  dearer  money.  Under  the  law  in  force  before  1834, 
silver  was  4^"iving  gold  from  circulation,  because  every- 
body who  could  do  so  was  holding  back  his  gold,  and  pay- 
ing his  debts  and  making  his  purchases  in  silver. 


MONEY  305 

In  order  to  bring  gold  back  into  circulation,  Congress 
in  1834  reduced  the  weight  of  the  gold  dollar  to  23.22 
grains  of  pure  metal,  allowing  the  silver  dollar  to  remain 
371.25  grains.  The  ratio  thus  established  was  (nearly)  six- 
teen to  one — a  ratio  at  which  the  two  metals  have  ever  since 
been  coined.  Under  this  law  the  free  coinage  of  both 
metals  continued  as  before. 

It  was  soon  found  that  the  new  ratio  of  sixteen  to  one 
over-valued  gold,  and  Gresham's  law  again  came  into 
operation.  This  time,  since  gold  was  the  cheaper  money, 
silver  was  driven  from  circulation.  In  1850  a  silver  dollar 
was  worth  $1.02  in  gold,  and  after  the  discovery  of  gold 
in  California  the  relative  value  of  silver  was  still  higher. 
As  a  consequence,  between  1837  and  1873  but  little  silver, 
except  in  the  form  of  subsidiary  coins  (see  next  chapter), 
was  coined. 

Questions  on  the  Text 

1.  What  is  the  meaning  of  barter?  Name  some  of  the  con- 
veniences of  barter. 

2.  Why  did  the  colonists  of  Virginia  use  tobacco  as  money? 
What  other  commodities  were  used  by  the  colonists  as  money? 

3.  Give  reasons  why  gold  and  silver  are  universally  used  as 
money. 

4.  What  was  the  origin  of  coinage?  What  is  the  provision  of  the 
Constitution  in  respect  to  coinage? 

5.  Give  a  definition  of  paper  money.     What  is  legal  tender? 

6.  Give  an  account  of  paper  money  used  during  the  Revolution. 

7.  What  does  the  Constitution  say  about  the  issue  of  paper 
money  ? 

8.  What  is  representative  money  ?  Contrast  representative  money 
with  paper  money. 

9.  State  the  provisions  of  the  coinage  law  of  1792.  What  is 
"Gresham's  law"  ?  Explain  how  his  law  has  worked  in  our  monetary 
history. 

Suggestive  Questions  and  Exeecises 

1.  Let  us  suppose  that  in  1615  a  pound  of  tobacco  in  Virginia 
would  purchase  a  bushel  of  corn;  if  five  years  later  a  pound  of  to- 
bacco could  be  raised  with  half  the  labor  that  it  formerly  took,  while 
a  bushel  of  corn  required  the  same  amount  of  labor,  how  much  corn 
could  be  purchased  in  1620  for  a  pound  of  tobacco?  Why  would  a 
pound  of  tobacco  in  1620  have  less  purchasing  power  than  in  1615? 


306  THE  AMERICAN  DEMOCRACY 

Is  the  purchasing  power  of  a  piece  of  money  proportional  to  the 
labor  that  has  been  spent  in  obtaining  it? 

2.  A  man  went  to  Klondike  and  secured  enough  gold  dust  to  make 
$5,000  in  coin.  Describe  the  travel,  the  hardships,  the  labor  which 
the  money  represented. 

3.  If  a  gold-mine  as  rich  as  Klondike  should  be  discovered  in 
every  State,  how  would  the  production  of  gold  be  affected?  Would 
prices  be  higher  or  lower  after  the  discovery?  What  relation  exists 
between  prices  and  the  amount  of  money  in  circulation?  If  iron 
were  used  as  money,  would  prices  be  high  or  low? 

4.  What  properties  have  diamonds  that  would  make  them  suitable 
as  a  medium  of  exchange?     What  properties  do  they  lack? 

5.  In  what  places  is  gold  produced  in  large  quantities?  Where 
are  the  largest  silver-mines? 

6.  Do  gold  and  silver  fluctuate  in  value,  like  cotton  and  sugar? 
Compare  the  price  of  wheat,  silver,  cotton,  beef,  and  sugar  during 
the  last  ten  years,  and  determine  in  which  commodity  there  have 
been  the  greatest  variations  in  value. 

7.  Does  the  laborer  buy  money  with  his  labor?  Does  the  capi- 
talist buy  labor  with  his  money?  Does  the  farmer  buy  money  with 
his  wheat? 

8.  Would  you  accept  a  ten-dollar  gold  piece  upon  the  condition 
that  you  were  not  to  use  it  as  money?  Would  it  be  worth  while  to 
accept  a  ten-dollar  bill  upon  similar  conditions? 

9.  Is  legal-tender  paper  money  worth  more  or  less  than  the  paper 
upon  which  it  is  printed? 

10.  Name  all  the  different  kinds  of  money  you  have  seen. 

11.  The  law  of  1792  quoted  in  the  lesson  says:  "Every  15  lbs. 
weight  of  pure  silver  shall  have  equal  value  in  all  payments  with 
one  lb.  of  pure  gold."     Why  fifteen  to  one?     Why  not  ten  to  one? 

12.  How  many  grains  of  silver  are  there  in  a  silver  half-dollar? 
Are  two  silver  half-dollars  worth  one  silver  dollar?  Do  they  contain 
as  much  silver  as  a  silver  dollar? 

13.  If  you  are  worth  your  weight  in  gold,  how  many  dollars  are 
you  worth? 

14.  If  a  government  should  open  its  mints  to  the  free  coinage  of 
silver  and  copper,  what  rate  would  be  established  between  the  two 
metals?     (Use  the  market  quotation  found  in  the  newspapers.) 

Topics  fob  Speciax  Work 

1.  Money:  Carver,  292-303. 

2.  Development  of  Metallic  Money:  Bullock,  224r-233. 

3.  Bimetallism:  Bullock,  303-313. 

4.  The  Monetary  System  of  the  United  States:  Beard,  374-378. 

5.  Conflict  over  Bimetallism,  278-279. 


XXXVIII 

THE  CURRENCY  OF  THE  UNITED  STATES 

In  the  preceding  chapter  we  learned  of  the  general  characteristics 
of  money  and  of  its  uses  as  a  medium  of  exchange.  In  this  chapter 
we  shall  have  an  account  of  the  several  kinds  of  currency  now  in  cir- 
culation in  the  United  States. 

Different  Kinds  of  Currency.  The  term  ''currency"  in- 
cludes all  money,  whether  metallic  or  paper,  that  circulates 
at  its  face  value.  The  currency  of  the  United  States  at 
present  consists  of  gold  coins,  certificates  representing  gold, 
silver  dollars,  certificates  representing  silver,  subsidiary 
silver, — half-dollars,  quarter-dollars,  and  dimes, — coins  of 
bronze  and  nickel.  United  States  notes  (greenbacks),  na- 
tional bank  notes,  federal  reserve  notes,  and  federal  reserve 
bank  notes.^ 

Gold  Coin  and  Gold  Certificates ;  Silver  Dollars  and  Silver 
Certificates.  The  total  amount  of  money  in  circulation  in 
the  United  States  is  approximately  $6,000,000,000.  Of 
this,  nearly  one  third  consists  of  gold  coin,  gold  certificates, 
silver  dollars,  and  silver  certificates.  As  we  have  already 
learned,  the  coinage  of  gold  and  silver  under  the  authority 
of  the  federal  government  began  in  1792.  The  free  coinage 
of  the  two  metals  continued  until  1873,  when  Congress  dis- 
continued the  coinage  of  silver  and  established  as  the  unit 
of  value  the  gold  dollar  of  the  weight  of  23.22  grains  of 
fine  gold  with  one  tenth  of  alloy  to  prevent  abrasion. 
The  demonetization  of  silver  (i.  e.,  the  refusal  of  the  govem- 

1  There  are  also  in  circulation  a  few  of  the  Treasury  notes  of  1890,  but 
inasmuch  as  these  notes  are  disappearing  from  circulation  they  do  not  require 
our  attention, 

307 


308  THE  AMERICAN  DEMOCRACY 

ment  to  coin  the  metal)  was  an  unpopular  measure,  and 
gave  rise  to  a  long  conflict  between  the  friends  of  silver 
and  the  friends  of  gold.  After  the  "battle  of  the  stand- 
ards" had  raged  for  more  than  a  quarter  of  a  century, 
the  victory  was  at  last  won  by  the  friends  of  the  yellow 
metal.  Under  the  law  of  1900,  gold  was  made  the 
standard  unit  of  value,  and  no  provision  was  made  for 
the  coinage  of  silver^  other  than  that  which  was  already 
in  stock.  Silver  dollars  and  silver  certificates,  however, 
are  still  legal  tender,  and  it  is  the  declared  policy  of  the 
government  to  keep  them  on  a  parity  with  gold;  that 
is  to  say,  when  silver  certificates  are  presented  to  the 
treasury  for  redemption,  it  is  the  policy  of  the  government 
to  redeem  them  in  gold  at  their  face  value,  and  if  silver 
dollars  are  presented  for  exchange,  they  will  be  ex- 
changed for  gold,  dollar  for  dollar.  The  coinage  of 
gold  is  free. 

Subsidiary  Coinage.  The  account  of  the  coinage  that 
has  been  given  has  referred  to  coins  of  a  denomination  of 
one  dollar  and  upward.  Silver  coins  of  a  denomination 
of  less  than  a  dollar  have  been  issued  ever  since  the  estab- 
lishment of  the  mint.  These  are  known  as  subsidiary  coins 
or  fractional  currency,  and  consist  of  the  familiar  half- 
dollar,  quarter-dollar,  and  dime.  These  are  legal  tender 
to  the  amount  of  ten  dollars.  In  the  half-dollar  there  are 
173.61  grains  of  pure  metal,  and  proportional  weights  in 
the  quarter-dollar  and  dime.  Below  the  subsidiary  silver 
are  the  minor  coins  of  base  metal,  the  five-  three-  and 
one-cent  piece,  which  are  legal  tender  to  the  amount  of 
twenty-five  cents. 

United  States  Notes  (Greenbacks).  We  learned  that 
during  the  Civil  War  the  federal  government  issued  large 
quantities    of    inconvertible    paper    money,    making    the 

1  The  government  still  purchases  silver  for  subsidiary  coinage  and  tor  coins 
used   in   the    Philippine   Islands. 


THE  CURRENCY  OF  THE  UNITED  STATES      309 

same  a  legal  tender  (p.  293).  The  notes  thus  issued  are 
officially  known  as  United  States  notes,  but  they  are  popu- 
larly called  greenbacks,  a  name  given  to  them  on  account 
of  the  green  color  of  their  backs.  In  all,  about  $450,- 
000,000  in  United  States  notes  was  issued.  When  the 
war  was  over,  the  government  began  to  destroy  the  green- 
backs when  they  came  into  the  treasury,  just  as  one  de- 


THE  CURRENCY  OF  THE  UNITED   STATES 

stroys  a  promissory  note  when  it  has  been  paid.  The 
policy  of  retirement  (destruction)  of  the  greenbacks  con- 
tinued until  1868,  when  Congress,  giving  heed  to  a  popular 
demand,  ceased  to  retire  them.  Now  that  they  were  to 
remain  in  circulation,  measures  were  taken  to  make  them 
as  good  as  gold.  A  redemption  fund,  consisting  of  $100,- 
000,000  in  gold,  was  provided,  and  holders  of  greenbacks 
were  given  to  understand  that  if  they  would  present  the 


310  THE  AMERICAN  DEMOCRACY 

notes  to  the  Secretary  of  the  Treasury  he  would  redeem 
them  in  gold,  dollar  for  dollar.  But  it  was  only  in  small 
sums  that  the  greenbacks  were  presented.  The  knowledge 
that  they  were  as  good  as  gold  satisfied  everybody,  and  no 
gold  was  demanded. 

What  was  to  be  done  with  the  greenbacks  after  they 
were  redeemed?  Congress  (in  1878)  answered  this  ques- 
tion by  providing  that  when  a  greenback  was  redeemed  in 
specie  it  ' '  should  not  be  retired,  canceled,  or  destroyed,  but 
should  be  reissued  and  paid  out  again  and  kept  in  circula- 
tion.'^ So  the  greenbacks  were  kept  in  circulation,  and 
to-day  they  are  a  familiar  form  of  currency.  In  1878  they 
amounted  to  $346,000,000,  and  this  amount  has  never  been 
materially  decreased. 

National  Bank  Notes.  Another  familiar  form  of  our  cur- 
rency consists  of  bank  notes,  nearly  two  thirds  of  all  the 
money  in  circulation  being  currency  of  this  kind.  A  bank 
note  is  a  promissory  note,  payable  on  demand,  made  and 
issued  by  a  bank  and  intended  to  circulate  as  money. 
"Whether  a  bank  note  will  circulate  as  money  or  not  ordi- 
narily depends  upon  the  reputation  of  the  bank  and  upon 
its  ability  to  pay  the  note  when  presented  for  payment. 
If  the  persons  to  whom  the  note  is  offered  have  no  faith 
in  the  bank's  promise  they  will  not  receive  the  note,  and 
its  circulation  is  thereby  made  impossible. 

Of  the  bank  notes  in  circulation  a  very  considerable 
number  are  issued  by  the  national  banks.  In  1863,  in  order 
to  promote  the  financial  operations  of  the  government  dur- 
ing the  war,  Congress  created  a  system  of  national  banks, 
which  became  the  basis  of  our  banking  system  as  it  exists 
at  present.  The  national  banking  system  of  to-day  may 
be  described  as  follows: 

(1)  National  banks  with  a  capital  of  $25,000  may  be 
organized  in  towns  of  less  than  3,000  inhabitants ;  in  towns 
of  more  than  3,000  and  less  than  6,000  inhabitants  the 
capital  must  be  not  less  than  $50,000 ;  in  places  of  more  than 


THE  CURRENCY  OF  THE  UNITED  STATES     311 

6,000  and  less  than  50,000  inhabitants  it  must  be  not  less 
than  $100,000 ;  in  places  of  more  than  50,000  it  must  be  not 
less  than  $200,000. 

(2)  The  organizers  of  a  bank  (not  less  than  &ve  in  num- 
ber) must  purchase  United  States  bonds  (issued  prior  to 
1917)  equal  in  amount  to  at  least  one  fourth  of  the  capital 
of  the  bank,  and  deposit  these  bonds  with  the  Treasurer  of 
the  United  States  at  Washington.  The  bank  remains  the 
owner  of  these  bonds  and  receives  interest  from  them. 

(3)  The  bank  receives  from  the  Comptroller  of  the  Cur- 
rency national  hank  notes  equal  in  amount  to  the  par  value 
of  the  bonds  deposited.  These  bank  notes  are  not  legal 
tender;  they  are  promises  to  pay — like  the  notes  of  any 
bank. 

(4)  The  banks'  notes  are  secured  by  the  bonds  in  the  pos- 
session of  the  Treasurer  of  the  United  States.  If  a  bank 
should  fail  in  business  and  be  unable  to  redeem  its  notes 
in  legal-tender  money,  the  Comptroller  will  sell  the  bonds 
and  get  the  money  with  which  to  redeem  the  notes.  A 
bank  note  is  thus  as  good  as  a  government  bond,  as  good 
as  the  government  itself.  Banks  frequently  fail,  but  the 
holders  of  their  notes  have  never  lost  a  dollar  by  reason 
of  the  failure. 

Federal  Reserve  Notes.  ,  Federal  Reserve  Bank  Notes. 
More  than  half  of  all  the  money  in  circulation  consists  of 
notes  issued  by  the  federal  reserve  banks,  which  were  estab- 
lished by  Congress  in  1913.  The  purpose  of  these  banks  is 
two-fold :  first,  to  bring  about  a  more  even  diffusion  through- 
out the  country  of  the  money  that  is  already  in  circulation ; 
and  second,  to  make  such  additions  to  the  present  volume  of 
currency  as  the  conditions  of  trade  may  require.  Under 
the  federal  reserve  act  the  United  States  has  been  marked 
off  geographically  into  twelve  districts,  and  in  one  of  the 
cities  of  each  district  there  has  been  established  a  federal 
reserve  bank.  The  cities  that  have  federal  reserve  banks 
are :  Boston,  New  York,  Philadelphia,  Cleveland,  Richmond, 


312  THE  AMERICAN  DEMOCRACY 

Atlanta,  Chicago,  St.  Louis,  Minneapolis,  Kansas  City, 
(Missouri),  Dallas,  and  San  Francisco.  The  members  and 
owners  of  a  federal  reserve  bank  are  the  national  banks 
within  the  district  and  such  State  banks  and  trust  com- 
panies as  may  choose  to  join  under  the  conditions  laid  down 
by  the  law. 

The  federal  reserve  bank  is  a  bank  of  banks :  its  deposit- 
ors are  the  member  banks  and  the  deposits  in  its  vaults 
consist  of  a  certain  specified  portion  of  the  reserve  fund 
which  the  member  banks  within  the  district  are  required 
by  law  to  keep  in  their  possession  for  the  safetj^  of  their 
customers.  The  borrowers  from  a  reserve  bank  are  the 
member  banks  within  the  district.  Before  1914,  a  very 
large  portion  of  the  reserves  of  banks  flowed  into  two  or 
three  financial  centers,  and  there  was  a  harmful  congestion 
of  money  in  those  centers;  but  under  the  act  of  1913  the 
reserves  of  the  banks  of  a  given  district  are  kept  within 
the  boundaries  of  that  district  and  congestion  is  prevented. 
Yet  under  certain  conditions  reserves  may  flow  from  one 
district  to  another,  for  in  an  emergency  funds  may  be 
transferred  from  one  reserve  bank  to  another,  if  in  the 
judgment  of  the  Federal  Reserve  Board  (p.  130)  the  trans- 
fer is  desirable. 

The  currency  issued  by  the  federal  reserve  banks  consists 
of  two  classes  of  notes:  federal  reserve  notes  and  federal 
reserve  hank  notes.  Federal  reserve  notes  are  secured,  not 
by  bonds,  as  in  the  case  of  national  bank  notes,  but  by  a 
gold  reserve  equal  to  40  per  cent,  of  the  face  value  of  the 
note  plus  an  amount  of  commercial  paper  (promissory 
notes)  equal  to  100  per  cent,  of  the  face  value.  In  addition 
to  this  security,  the  United  States  treasury  is  pledged  to 
redeem  in  gold  or  in  other  lawful  money  all  federal  reserve 
notes.  Federal  reserve  bank  notes  are  secured  by  the  bonds 
of  the  national  government  just  as  national  bank  notes  are 
secured.  The  issue  of  notes  by  federal  reserve  banks  is 
supervised  and  regulated  by  the  Federal  Reserve  Board. 


THE  CURRENCY  OF  THE  UNITED  STATES      313 

Essential  Facts  of  Our  Monetary  System.    We  are  now 

prepared  to   understand   the   following   summary   of   our 
monetary  system: 

(1)  The  federal  government  has  complete  control  of  all 
currency  issues  and  may  issue  legal-tender  paper  money  as 
well  as  gold  and  silver  currency. 

(2)  The  gold  dollar  of  23.22  grains  is  the  unit  of  mone- 
tary value,  and  the  coinage  of  gold  is  free.  The  amount  of 
gold  coined  from  year  to  year  is  wholly  a  matter  of  private 
initiative.  Government  does  not  regulate  it.  The  amount 
is  regulated  by  supply  and  demand — the  supply  of  gold 
bullion  and  the  demand  for  gold  coin. 

(3)  Silver  dollars  and  silver  certificates  and  United 
States  notes  (greenbacks)  are  exchangeable  for  gold  at 
their  face  value  upon  presentation  at  the  treasury  of  the 
United  States. 

(4)  This  redemption,  or  exchange,  is  made  possible  by 
the  reserve  fund  in  gold,  which  the  government  keeps  in 
its  vaults. 

(5)  The  paper  money,  when  redeemed  with  gold,  is  again 
used  by  the  government  in  the  payment  of  its  debts,  and 
thus  again  finds  its  way  into  circulation. 

(6)  The  volume  of  money  in  circulation  is  increased  by 

the  coinage  of  gold  at  the  mints  and  by  the  notes  issued  by 

banks. 

Questions  on  the  Text 

1.  Name  the  diflferent  kinds  of  currency. 

2.  What  portion  of  our  currency  consists  of  gold  and  silver? 
What  were  the  terms  of  the  currency  law  of  1900? 

3.  Give  an  account  of  subsidiary  silver  coinage. 

4.  Sketch  the  history  of  the  United  States  notes. 

5.  What  is  a  bank  note?  Give  an  accouni)  of  the  national  bank- 
ing system  and  of  the  notes  issued  by  national  banks. 

6.  Give  an  account  of  the  federal  reserve  system  and  of  the  notes 
Issued  by  federal  reserve  banks. 

7.  State  the  essential  facts  of  our  monetary  system. 

Suggestive  Questions  and  Exercises 

*    1.  If  you  had  $100  in  a  bank  and  owed  a  man  living  at  a  distance 
$26.87,  how  would  you  be  likely  to  pay  the  debt?     Is  a  bank  check 


314  THE  AMERICAN  DEMOCRACY 

currency?  Does  it  take  the  place  of  currency?  A,  B,  and  C  meet. 
A  owes  B  $5,  B  owes  C  $5,  and  C  owes  A  $5.  A  draws  a  check  for 
$5  and  pays  B;  B  pays  C  with  the  check;  C  pays  A  with  the  check. 
After  the  transaction  is  finished  and  each  has  a  receipt,  A  remem- 
bers that  he  had  no  money  in  the  bank.  Can  a  debt  be  paid  without 
money  ? 

2.  Draw  a  promissory  note.  Compare  the  language  of  the  note 
with  that  found  on  a  national  bank  note.  Under  what  conditions 
would  you  accept  a  promissory  note  in  payment  of  a  debt? 

3.  Study  what  is  printed  on  a  national  bank  note,  and  answer  the 
following  questions:  is  it  legal  tender  for  all  debts?  What  is  the 
penalty  for  counterfeiting  it?     When  and  where  was  it  issued? 

4.  Study  what  is  printed  on  a  federal  reserve  note,  and  answer 
the  questions  asked  above. 

5.  Suppose  a  bank  note  that  you  hold  should  be  destroyed,  would 
the  bank  gain  by  reason  of  the  accident? 

6.  Study  what  is  printed  on  a  United  States  note,  and  answer 
the  following  questions:  In  what  year  did  Congress  authorize  it  to 
bo  issued?  Is  it  legal  tender?  What  is  the  punishment  for  coun- 
terfeiting it?  It  says:  "will  pay  the  bearer  five  dollars."  What 
did  these  words  mean  at  the  time  the  note  was  issued?  What  do 
they  mean  now? 

7.  How  much  currency  per  capita  is  in  circulation  in  the  United 
States?     How  much  per  voter? 

8.  Procure,  if  possible,  a  gold  certificate,  a  silver  certificate,  and 
a  United  States  note,  and  bring  them  to  the  class  for  the  purpose 
of  study.  According  to  the  language  on  its  face,  what  metal  would 
you  get  for  the  gold  certificate  if  you  should  present  it  at  the  treas- 
ury for  redemption?  What  metal  would  you  get  for  the  silver  cer- 
tificate? Supposing  you  knew  you  could  get  gold  for  your  United 
States  note  if  you  asked  for  gold,  would  you  regard  it  as  good  as 
a  gold  certificate?  Supposing  you  understood  that  the  government's 
supply  of  gold  for  redemption  purposes  was  running  low,  what  would 
you  be  inclined  to  do  with  your  United  States  note?  Supposing 
you  should  burn  your  gold  certificate,  would  the  government  gain  or 
lose? 

Topics  foe  Special  Work 

1.  Banking:  Carver,  304-316. 

2.  Government  Paper:   Bullock,  263-269. 

3.  Use  of  Money  in  Making  Exchanges:  Thompson,  199-212. 

4.  Banking  and  Its  History:  Thompson,  227-240. 

5.  The  Federal  Reserve  Banking  System:  Munro,  240-242. 


XXXIX 

FOREIGN  COMMERCE 

We  come  now  to  the  great  subject  of  commerce.  Commerce  may 
be  defined  as  the  exchange  of  goods,  merchandise,  or  property  of  any 
kind.  All  governments  find  it  necessary  to  regulate  commerce.  In 
•the  United  States  the  commerce  power  is  divided  between  the  State 
and  the  federal  government.  To  the  federal  government  belongs  the 
power  of  regulating  foreign  commerce,  interstate  commerce,  and  com- 
merce with  Indian  tribes.  In  this  chapter  we  shall  learn  of  the 
regulation  of  foreign  commerce. 

Power  of  Congress  Over  Foreign  Commerce.  The  power 
of  Congress  over  foreign  commerce  is  limited  in  only  two 
particulars:  (1)  It  must  deal  fairly  with  all  the  ports  of 
the  country,  and  not  give  one  port  a  preference  over  an- 
other (68)  ;  and  (2)  it  must  not  lay  any  tax  or  duty  on 
articles  exported  from  any  State  (67). 

The  power  of  government  to  regulate  commerce  is  con- 
strued very  broadly,  and  extends  not  only  to  the  goods  ex- 
changed and  to  the  agencies  of  transportation,  but  to  the 
movement  of  persons  as  well.  Congress,  therefore,  in  the 
exercise  of  its  constitutional  power  can  do  much  to  in- 
fluence the  character  of  our  foreign  commerce  and  to  shape 
its  course.  Indeed,  Congress  can  prohibit  foreign  com- 
merce altogether,  as  was  illustrated  by  the  non-importation 
act  of  1806,  and  by  the  embargo  act  of  1807.  Under  the 
non-importation  act  foreign  goods  could  not  be  brought 
into 'the  country,  and  under  the  embargo  act  vessels  could 
not  leave  the  harbors  of  the  United  States.  During  the 
war  with  Germany  Congress  laid  its  hand  upon  foreign 
trade  and  directed  its  movements  according  to  the  needs 
of  the  hour,  determining  what  kinds  of  goods  might  leave 
the  country  and  to  what  country  shipments  of  goods  might 
be  made. 

315 


316  THE  AMERICAN  DEMOCRACY 

The  Tariff;  Free  Trade  and  Protection.  Of  the  many 
regulations  made  by  Congress  affecting  foreign  commerce, 
one  of  the  most  important  refers  to  the  tariff.  As  hereto- 
fore stated,  it  has  always  been  the  policy  of  the  United 
States  to  raise  a  large  part  of  the  national  revenue  by 
means  of  a  tariff'  or  duty  laid  on  imported  goods  (p.  277). 
On  what  principle  shall  the  tariff  be  laid?  Shall  every  im- 
ported article  be  taxed  at  the  same  rate,  or  shall  some  be 
taxed  at  a  high  rate  and  others  at  a  low  rate?  Shall 
some  kinds  of  goods  be  allowed  to  come  in  free  ? 

From  the  beginning  of  our  national  history  to  the  pres- 
ent time,  two  distinct  policies  have  been  advanced  in  re- 
ference to  foreign  goods:  (1)  the  free-trade  policy  and 
(2)  the  policy  of  protection.  The  adherents  of  the  free- 
trade  policy,  regarding  free  commercial  intercourse  be- 
tween nations  as  a  good  thing  in  itself,  contend  that  taxes 
on  foreign  goods  should  be  levied,  not  with  the  view  of 
keeping  the  goods  out  of  the  country,  but  with  the  view  of 
raising  the  necessary  revenue,  and  with  that  view  only. 
The  adherents  of  the  protective  policy,  desiring  to  pro- 
tect home  producers  from  competition  with  foreign  goods, 
would  levy  the  customs  not  so  much  with  the  view  of 
raising  revenue  as  with  the  view  of  at  least  discouraging 
importations. 

The  essence  of  the  free-trade  argument  is  that,  under  nor- 
mal conditions  of  production  and  competition,  a  country 
will  satisfy  its  needs  with  the  least  possible  effort.  Those 
things  that  can  be  produced  with  the  greatest  economy  at 
home  will  be  so  produced  and  any  surplus  will  be  exchanged 
abroad  for  what  other  nations  can  produce  with  less  effort. 
Commerce  between  two  countries,  each  of  which  produces 
according  to  its  natural  resources,  is  always  profitable  to 
both  countries,  the  free-traders  contend,  for  each  coun- 
try exchanges  that  which  it  wants  less  for  that  which  it 
wants  more. 

The  argument  of  the  protectionist  is  that  by  imposing 


FOREIGN  COMMERCE  317 

high  import  duties  upon  certain  classes  of  goods  and 
thereby  partly  or  wholly  keeping  them  out  of  the  country 
you  encourage  the  production  of  those  goods  at  home,  and 
this  encouragement  results  in  new  occupations  and  in  a 
diversified  industry  at  home.  The  additional  producers 
thus  called  into  being  by  the  protective  tariff  are  also  con- 
sumers, and  they  buy  at  least  a  part  of  the  country's  sur- 
plus. Another  argument  for  protection  is  based  upon  the 
difference  in  the  standards  of  comfort  and  rates  of  wages 
in  different  countries.  If  there  were  no  tariff  hindrances 
the  lower  standard  and  the  lower  wage  would  be  given  the 
advantage  in  competition  and  workmen  would  suffer  as  a 
result. 

Tariff  Legislation.  The  tariff  has  been  an  important  issue 
in  American  politics  from  the  foundation  of  our  govern- 
ment. The  first  act  that  was  passed  by  Congress  relating 
to  foreign  commerce  imposed  moderate  duties  on  the 
commerce  of  all  nations.  Its  main  object  was  to  raise 
revenue,  although  it  had  mild  protective  features.  The 
active  principle  of  protection  was  first  seen  in  a  law  passed 
in  1816.  After  the  War  of  1812  the  English  manufacturers 
rushed  into  our  markets  with  their  goods  "as  if  to  the  at- 
tack of  a  fortress."  To  shut  out  some  of  these  goods  and 
protect  American  manufactures,  a  duty  of  25  per  cent,  was 
placed  upon  woolen  and  cotton  goods,  and  30  per  cent, 
upon  certain  other  goods,  notably  upon  carriages,  shoes, 
and  paper.  These  high  duties  were  not  imposed  for  the 
sole  purpose  of  raising  more  revenue;  they  were  imposed 
for  the  protection  of  the  home  market. 

After  1816  the  protective  system  was  never  wholly  aban- 
doned, although  a  fluctuating  policy  alwyas  modified  our 
tariff  legislation,  the  rate  at  one  time  being  brought  down 
so  low  as  to  delight  the  free-traders,  and  at  another  time 
raised  to  a  point  that  caused  the  protectionists  to  rejoice. 
Although  public  sentiment  in  regard  to  the  tariff  has  al- 


318  THE  AMERICAN  DEMOCRACY 

ways  been  divided,  a  century  of  experience  has  shown 
clearly  enough  that  the  American  people  are  strongly  in- 
clined to  the  protective  principle. 

The  Tariff  Commission.  Experience  has  also  shown  that 
it  is  next  to  impossible  to  frame  a  tariff  law  that  will  meet 
with  the  general  approval  of  the  people.  This  is  because 
the  tariff  has  been  made  the  foot-ball  of  politics.  Rates 
have  been  fixed,  not  with  the  view  of  benefiting  the  whole 
nation,  but  with  the  purpose  of  gaining  an  advantage  for 
this  or  that  political  party  or  for  this  or  that  section.  In 
order  to  take  the  tariff  out  of  politics  the  Tariff  Commis- 
sion (p.  130)  was  created.  Of  the  six  members  of  this 
body,  not  more  than  three  may  be  members  of  the  same 
political  party.  The  duty  of  the  commission  is  to  investi- 
gate the  fiscal  and  industrial  effects  of  the  customs  laws 
and  to  report  the  result  of  their  investigation  to  the  Presi- 
dent and  to  Congress.  The  commission  has  no  adminis- 
trative or  judicial  function.  It  has  no  power  to  fix  a 
rate;  it  can  only  investigate  and  report.  To  fix  a  rate  is 
to  levy  a  tax,  and  the  taxing  function  belongs  to  Congress 
(44)  and  is  a  power  that  can  not  be  delegated  to  another 
body.  While  Congress  must  continue  to  determine  the 
rates,  it  is  nevertheless  expected,  and  with  good  reason,  that 
the  suggestions  of  the  commission  will  have  great  weight 
with  the  law-makers. 

Regulations  of  Foreign  Shipping.  In  its  regulations  af- 
fecting vessels  engaged  in  foreign  trade,  Congress  has  al- 
ways aimed  to  protect  and  promote  American  shipping 
interests.  Only  vessels  built  within  the  United  States  and 
wholly  belonging  to  citizens  thereof  could  be  registered  as 
American  until  recently,  when  Congress  (in  1912  and  1914) 
amended  the  laws  and  allowed  foreign-built  seaworthy  ships 
owned  by  American  citizens  to  be  registered  as  American 
ships  for  foreign  trade.  Moreover,  unless  a  vessel  is  of- 
ficered by  Americans  it  can  not  fly  the  American  flag.  Ves- 
sels engaged  in  foreign  commerce  must,  as  a  rule,  pay  into 


FOREIGN  COMMERCE  319 

the  federal  treasury  a  small  tonnage  tax.  Foreign  vessels 
can  not  engage  in  the  coasting  trade,  or  in  trade  between 
the  United  States  and  its  insular  possessions  (except  the 
Philippines). 

Foreign  Commerce  Assisted  by  the  Federal  Govern- 
ment. Congress  not  only  regulates  foreign  commerce,  but 
in  a  very  practical  fashion  it  assists  it  in  many  ways.  We 
have  already  seen  that  the  interest  of  American  trade 
abroad  is  cared  for  by  our  consular  agents  (p.  259).  It 
is  cared  for  at  home  by  the  Bureau  of  Foreign  and  Domestic 
Commerce  (p.  130).  The  primary  function  of  this  bureau 
is  to  gather  and  give  out  practical  data  to  enable  American 
manufacturers  to  cultivate  the  markets  of  the  world  with 
the  greatest  possible  effect.  ''It  is  constantly  watchful  at 
many  points  in  the  current  of  commercial  life.  From  the 
bazaars  of  Madras  it  transmits  textile  information  to  the 
mills  of  New  England.  From  Bolivia  it  sends  samples  of 
hardware  to  be  inspected  by  the  exporting  houses  of  New 
York.  On  the  farms  of  South  Africa  and  Australia  its 
agents  investigate  the  prevailing  types  of  agricultural 
machinery  so  they  may  bring  that  knowledge  to  the  manu- 
facturing enterprises  in  our  Middle  West.  The  represen- 
tatives of  the  bureau  penetrate  to  the  remote  regions  of  the 
earth,  that  the  exporters  of  the  United  States  may  proceed 
intelligently,  on  a  basis  of  definite  facts,  to  the  conquest  of 
new  fields."  ^ 

For  the  benefits  of  trade  as  well  as  for  the  saving  of  hu- 
man life,  the  federal  government  supports  a  Coast  Guard 
Service,  which  patrols  the  coast  and  sends  out  life-boats 
and  throws  out  life-lines  to  save  passengers  and  cargoes  of 
vessels  in  distress.  For  the  purpose  of  encouraging,  de- 
veloping, and  creating  a  prosperous  merchant  marine,  it 
has  established  the  Shipping  Board  (p.  130).  This  board 
may  build,  purchase,  lease,  or  operate  vessels  itself  or 
lease  them  to  be  operated  by  others.     It  may  also  exercise 

1  Annual  Report  of  the  Secretary  of  Commerce,  1916,  p.  58. 


320  THE  AMERICAN  DEMOCRACY 

important  powers  in  respect  to  the  regulation  of  the  rates 
and  fares  charged  by  common  carriers  engaged  in  the  for- 
eign trade. 

Questions  on  the  Text 

1.  How  is  power  in  respect  to  commerce  divided? 

2.  What  is  the  extent  of  the  power  that  Congress  has  over  foreign 
commerce  ? 

3.  What  is  meant  by  free  trade?  by  protection?  Give  the  lead- 
ing arguments  of  free  trade;  of  protection. 

4.  What  can  you  say  of  our  tariff  legislation? 

5.  For  what  purpose  has  the  Tariff  Commission  been  created? 

6.  What  regulations  of  foreign  shipping  have  been  made  by  Con- 
gress ? 

7.  In  M'hat  ways  does  the  federal  government  give  practical  as- 
sistance to  our  foreign  trade? 

Suggestive  Questions  and  Exercises 

1.  Name  the  articles  of  commerce  that  can  be  easily  produced  in 
the  United  States.  Name  those  articles  that  can  not  be  easily  pro- 
duced. 

2.  Compare  graphically  the  volume  of  the  commerce  of  the 
United  States  with  that  of  each  of  the  leading  countries  of  the 
world.  (See  Review  of  World's  Commerce,  issued  by  the  Bureau  of 
Foreign  Commerce;  also  Statesman's  Year  Book.) 

3.  What  class  of  business  men  suffer  when  the  tariff  is  suddenly 
raised?     When  it  is  suddenly  reduced? 

4.  What  is  meant  by  reciprocity?     What  are  subsidies?  bounties? 

5.  To  what  four  countries  do  we  sell  the  most?  From  what  four 
countries  do  we  buy  the  most? 

6.  ^^hat  is  the  present  policy  of  each  of  the  political  parties  in 
reference  to  the  tariff? 

7.  "Commercial  rivalries  end  in  the  battle-field."  Is  this  state- 
ment necessarily  true? 

8.  What  is  meant  by  a  "prohibitive  tariff"? 

Topics  foe  Special  Wobk 

1.  Free  Trade:  Carver,  338-347. 

2.  Protectionism:  Carver,  348-361. 

3.  Restriction  and  International  Trade:  Bullock,  387-410. 

4.  The  Tarifl"  in  the  United  States:  Thompson,  256-268. 

5.  The  Trade  of  the  United  States:  Thompson,  241-255. 


XL 

THE  STRANGER  WITHIN  OUR  GATES 

Since  passengers  as  well  as  goods  come  within  the  scope  of  the 
commerce  power,  Congress  while  exercising  its  control  over  foreign 
commerce  is  called  upon  to  regulate  immigration.  At  this  point, 
therefore,  we  may  take  up  the  subject  of  immigration  and  consider 
some  of  the  leading  questions  connected  with  our  foreign  population. 

Extent  and  Character  of  the  Immigrant  Population. 
For  more  than  seventy  years  foreigners  came  to  our  shores 
in  an  ever  swelling  tide.  The  stream  of  immigrants  that 
poured  into  the  United  States  between  1845  and  1915  was 
the  mightiest  movement  of  population  in  all  history. 
Within  those  years  nearly  thirty  millions  of  people  left 
foreign  countries  to  seek  homes  in  America.  In  the  earlier 
years  of  the  movement  the  immigrants  came  from  western 
Europe,  from  England,  Scotland,  Ireland,  Germany,  and 
France.  After  the  close  of  the  Civil  War  a  tide  of  im- 
migration began  to  flow  strong  from  Norway  and  Sweden 
and  Denmark.  The  immigration  from  the  northern  coun- 
tries of  Europe  continued  until  nearly  one  fourth  of  all 
the  Scandinavians  in  the  world  had  settled  in  the  region 
that  stretches  from  Lake  Michigan  to  Puget  Sound.  In 
the  last  years  of  the  nineteenth  century  another  great 
stream  of  immigrants  set  in.  This  time  they  came  from 
southern  and  southeastern  Europe — Italians,  Greeks,  Slavs, 
Poles,  Bohemians,  Slovaks,  Ruthenians,  Serbs,  Magyars, 
Croats.  The  new  stream  in  the  opening  years  of  the 
twentieth  century  became  a  flood.  In  a  single  year  (1907) 
there  were  admitted  into  the  United  States  nearly  a  mil- 
lion and  a  half  foreigners,  the  great  majority  of  whom 
came  from  southern  and  southeastern  Europe. 

321 


322  THE  AMERICAN  DEMOCRACY 

The  result  of  the  sudden  and  mighty  influx  of  recent 
years  went  far  toward  changing  the  character  and  the 
complexion  of  the  American  population.  At  the  outbreak 
of  the  war  with  Germany  one  third  of  our  people  had  to 
be  classified  as  being  of  foreign  parentage,  while  the  for- 
eign-born numbered  one  sixth  of  all  the  adults  in  the  coun- 
try. Never  before  had  the  foreign-born  and  their  children 
formed  so  large  a  proportion  of  the  American  people.  In 
Detroit  and  Cleveland  but  one  man  out  of  five  had  parents 
bom  in  this  country;  in  Chicago  and  New  York,  one  out 
of  six ;  in  Milwaukee,  one  out  of  seven ;  and  in  Fall  River, 
one  out  of  nine! 

Restrictions  upon  Immigration.  The  regulation  of  this  in- 
coming tide  of  humanity  devolves  upon  the  federal  govern- 
ment. Before  1808  Congress,  by  the  terms  of  the  Consti- 
tution (Art.  I,  Sec.  9),  was  prevented  from  interfering 
with  the  admission  of  foreigners.  Since  that  date,  how- 
ever, Congress  has  had  full  control  of  immigration. 

In  dealing  with  questions  relating  to  the  admission  or 
exclusion  of  foreigners,  the  federal  government  has  gen- 
erally pursued  a  liberal  policy.  It  has  thrown  wide  open 
the  doors  of  hospitality  and  given  a  welcome  to  the  strangers 
of  almost  every  land. 

About  1880,  however,  America  began  to  feel  that  immi- 
gration on  a  large  scale  was  no  longer  desirable,  and  de- 
manded that  restraints  be  placed  upon  the  admission  of 
foreigners.  First  the  Chinese  were  excluded.  In  1882 
Congress  prohibited  Chinese  laborers  from  coming  into  the 
United  States,  and  but  few  of  these  people  have  entered 
since  the  exclusion  law  was  passed.  In  the  same  year  Con- 
gress ordered  that  the  character  of  all  immigrants  be  looked 
into,  and  conunanded  that  convicts,  lunatics,  idiots,  and 
other  persons  not  able  to  take  care  of  themselves  should  not 
be  admitted  into  the  United  States,  but  should  be  sent  back 
at  the  expense  of  the  owners  of  the  vessels  upon  which  they 
came.     By  a  law  of  1885  it  is  made  unlawful  for  certain 


THE  STRANGER  WITHIN  OUR  GATES      323 


classes  of  laborers  to  enter  the  United  States,  if  they 
have  previously  entered  into  a  contract  to  perform  labor 
here,  and  any  person  brought  here  under  a  contract  to 
perform  labor  can  be  sent  back  at  the  expense  of  the  vessel 
that  brings  him. 
"While  immigration  was  flov^ing  so  strong  between  1895 


WHERE   THE   FOREIGNERS  COME  FROM 
(This  chart  shows  the  several  countries  from  which  foreigners 
in  America   have   come   and  tlie  percentage   of   the   total   foreign- 
born   population   coming   from    each    country.      The   total    foreign- 
born   population    in    1910    was    13,515,886.) 

and  1915,  there  arose  a  demand  for  further  restriction. 
The  demand  became  so  insistent  that  Congress  at  last  re- 
sponded and  passed  (1917)  the  Burnett  Bill.  This  law 
raised  the  tax  on  immigrants  from  $4  to  $8 ;  it  imposed 
heavier  penalties  for  bringing  in  persons  whom  the  law 
seeks  to  exclude ;  its  provisions  in  respect  to  contract  labor 


324  THE  AIMERTCAN  DEMOCRACY 

were  made  harder;  and,  above  all,  it  provided  a  ''literacy 
test''  by  requiring  that  all  immigrants  over  sixteen  years 
of  age  shall  be  able  to  read  in  some  language. 

The  execution  of  the  exclusion  laws  is  vested  in  the 
commissioner-general  of  immigration,  the  head  of  the 
Bureau  of  Immigration  in  the  federal  Department  of  Labor 
(p.  130).  The  commissioner-general  issues  orders  for 
carrying  out  the  immigration  laws,  protects  aliens  from 
fraud  and  loss,  and  looks  after  the  deportation  of  undesir- 
able aliens. 

Benefits  of  Immigration.  While  putting  up  the  bars 
against  immigrants,  we  must  not  forget  the  important  part 
that  immigration  has  played  in  the  development  of  our 
country.  For  in  the  upbuilding  of  America  we  have  relied 
in  no  small  degree  upon  the  brain  and  bra-v^Ti  of  the  for- 
eigner. Had  it  not  been  for  the  millions  of  immigrants 
who  have  come  to  us  from  England,  Ireland,  Germany, 
Scandinavia,  France,  and  Italy,  a  large  part  of  the  United 
States  would  doubtless  still  be  a  wilderness.  And  at  the 
present  time  the  services  of  immigrants  in  the  industrial 
life  of  the  nation  are  immense.  The  immigrant  with  truth 
may  say  to  himself: 

I  do  seven  tenths  of  the  bituminous  coal  mining. 

I  do  seven  eighths  of  all  the  labor  in  the  woolen  mills. 

I  contribute  nine  tenths  of  all  the  labor  in  the  cotton- 
mills. 

I  make  nineteen  twentieths  of  all  the  clothing. 

I  manufacture  more  than  half  the  shoes. 

I  build  four  fifths  of  all  the  furniture. 

I  make  half  of  the  collars,  cuffs,  and  shirts 

I  turn  out  four  fifths  of  all  the  leather. 

I  make  half  the  gloves. 

I  refine  nineteen  twentieths  of  the  sugar. 

I  make  half  the  tobacco  and  cigars. 

I  contribute  80  per  cent,  of  all  the  labor  in  the  slaughter- 
ing and  meat-packing  industries. 


THE  STRANGER  WITHIN  OUR  GATES      325 

Naturalization.  The  immigrant  does  not  expect  to  re- 
main a  stranger  in  America.  He  looks  forward  to  the  time 
when  he  shall  be  a  citizen  of  the  United  States.  He  may 
become  a  citizen  by  complying  with  the  regulations  pre- 
scribed by  Congress  (48)  for  naturalization.  The  proc- 
ess of  naturalization  is  as  follows:  (1)  At  least  two  years 
before  he  can  be  admitted  as  a  citizen,  the  alien  must  ap- 
pear before  a  State  or  a  federal  court  and  take  an  oath  that 
it  is  his  intention  to  become  a  citizen  of  the  United  States 
and  "to  renounce  forever  all  allegiance  and  fidelity  to  any 
foreign  prince  or  state,  and  particularly  to  the  one  of  which 
he  may  at  the  time  be  a  citizen  or  subject."  He  must  also 
swear  to  support  the  Constitution  of  the  United  States. 
(2)  Not  less  than  two  years  nor  more  than  seven  years 
after  this  declaration  of  his  intention,  the  alien  may  peti- 
tion a  federal  or  a  State  court  for  full  admission  as  a  citi- 
zen. In  the  petition  he  shall  set  forth  that  he  is  not  a  dis- 
believer in  or  opposed  to  organized  government ;  that  he  is 
not  an  anarchist ;  that  he  is  not  a  polygamist  or  a  believer 
in  polygamy;  and  that  it  is  his  intention  to  reside  in  the 
United  States.  If  the  judge  of  the  court  is  satisfied  that 
the  alien  applicant  is  able  to  speak  the  English  language 
and  write  his  own  name,  that  he  has  resided  in  the  United 
States  for  five  years,  and  that  he  is  a  person  of  good  moral 
character,  full  citizenship  will  be  (?^nferred  upon  him. 
Alien  Chinese  and  Japanese  are  not  entitled  to  be  natural- 
ized. 

A  person  naturalized  has  the  same  rights  as  a  native- 
bom  citizen  of  the  United  States.  He  has  the  same  rights 
in  regard  to  property;  the  same  right  to  earn  a  living  for 
himself  and  family;  the  right  to  enjoy  that  which  he  has 
earned ;  the  same  right  to  vote ;  and  the  same  right  to  hold 
office  and  participate  in  affairs  of  government.  A  natural- 
ized person  may  not,  however,  become  the  President  or 
Vice-President  of  the  United  States  (86).  When  a  for- 
eign-bom head  of  a  family  is  naturalized,  his  wife  and  his 


326  THE  AMERICAN  DEMOCRACY 

children,  if  they  are  residents  of  the  United  States,  by  his 
act  automatically  become  citizens. 

Until  quite  recently  our  naturalization  laws  were  ad- 
ministered in  an  extremely  careless  manner.  The  natural- 
ization of  the  foreigner  was  too  often  attended  to  by  politi- 
cians seeking  votes,  and  in  the  days  just  preceding  an 
election  aliens  in  our  large  cities  were  admitted  in  great 
numbers.  Sometimes  as  many  as  fifty  naturalization  cases 
would  be  hurried  through  a  court  in  an  hour.  Of  course, 
under  such  circumstances,  the  merits  of  the  applicants  could 
not  be  inquired  into  carefully.  The  result  was  that  many 
were  admitted  in  a  fraudulent  manner,  and  many  wholly  un- 
worthy persons  were  allowed  to  call  themselves  American 
citizens. 

After  more  than  a  century  of  indifference  and  neglect, 
measures  were  at  last  taken  for  guarding  the  gates  of 
citizenship  and  keeping  out  the  unworthy  and  the  unfit. 
The  federal  Bureau  of  Naturalization  (p.  130)  was  estab- 
lished and  given  large  powers  of  supervision  in  matters  of 
naturalization.  An  important  function  of  this  bureau  is 
to  encourage  and  assist  applicants  for  naturalization  papers 
to  prepare  themselves  for  the  day  when  the  courts  shall 
come  to  pass  judgment  upon  their  applications.  Agents  of 
the  bureau  in  different  parts  of  the  country  get  in  touch 
with  aliens  who  are  about  to  be  naturalized,  and  inform 
them  that  before  they  can  be  admitted  as  citizens  they  wdll 
be  required  to  show  that  they  possess  an  elementary  knowl- 
edge of  our  government  .and  institutions.  The  agents  do 
all  they  can  to  help  the  candidate  acquire  the  necessary  in- 
formation, and  through  their  activities  hundreds  of  thou- 
sands of  foreigners  are  reached  and  instructed  in  the  lead- 
ing facts  of  the  American  government. 

Americanization.  But  a  mere  preparation  for  the  tests 
of  naturalization  is  not  enough.  After  the  outbreak  of 
the  war  with  Germany,  it  became  plain  that  the  alien  prob- 


THE  STRANGER  WITHIN  OUR  GATES      327 

lem  was  vastly  more  serious  than  had  been  supposed.  The 
startling  fact  was  revealed  that  of  the  17,000,000  for- 
eigners then  among  us  nearly  6,000,000  were  such  complete 
strangers  in  America  and  cared  so  little  for  us  that  they 
had  no  desire  to  become  citizens  of  the  United  States.  Mil- 
lions of  them  could  neither  understand  nor  speak  our  lan- 
guage. In  New  York  City  alone  there  were  more  than  half 
a  million  men  and  women  who  could  not  speak,  read,  or 
write  English.  In  respect  to  our  government  and  laws  and 
traditions  they  were,  of  course,  in  a  woeful  state  of  ignor- 
ance. 

So  the  presence  of  these  millions  of  aliens  involves  more 
than  the  problem  of  naturalization:  it  involves  the  prob- 
lem of  Americanization.  The  foreigner  must  be  assimi- 
lated into  the  American  life  of  the  community  in  which  he 
lives.  He  must  be  taught  to  speak  the  language  of  Amer- 
icans ;  he  must  learn  to  live  in  the  American  way ;  he  must 
acquire  a  knowledge  of  American  government  and  of 
Amercan  institutions;  he  must  be  indoctrinated  in  Ameri- 
can ideals  and  acquire  an  affection  for  America  itself.  In 
brief,  our  alien  must  become  an  American  through  and 
through,  if  he  is  to  get  the  best  from  America  and  if  Amer- 
ica is  to  get  the  best  from  him. 

Questions  on  the  Text 

1.  Give  an  account  of  the  extent  and  nature  of  the  immigration 
of  recent  years. 

2.  What  has  been  the  history  and  policy  of  our  government  in 
regard  to  immigration?  What  restrictions  have  been  placed  upon 
the  admission  of  immigrants? 

3.  What  can  you  say  of  the  benefits  of  immigration? 

4.  What  are  the  chief  steps  in  the  process  of  naturalization? 
What  are  the  rights  acquired  by  naturalization?  Give  an  account 
of  the  achievements  of  the  Bureau  of  Naturalization. 

5.  What  problem  does  the  presence  of  the  alien  involve?  What 
do  you  understand  by  the  term  Americanization? 

Suggestive  Questions  and  Exercises 

1.  Prepare  a  chart  showing  graphically  the  annual  immi- 
gration into  the  United  States  since  the  year  1900. 


328  THE  AMERICAN  DEMOCRACY 

2.  Prepare  a  chart  showing  graphically  the  annual  immigra- 
tion of  the  following  races  since  1900;  Irish,  English,  French,  Ger- 
man, Italian,  Norwegian,  Swedish,  Polish,  Russian,  Serbian,  Danish. 

3.  Are  there  many  aliens  in  this  community?  If  so,  to  what 
races  do  they  chiefly  belong? 

4.  Has  an  effort  been  made  in  this  State  to  Americanize  the 
alien  population?     If  so,  describe  what  has  been  done. 

5.  Is  there  Americanization  work  in  which  you  could  engage  with 
profit  to  the  community  and  to  the  country?  If  so,  give  an  account 
of  what  you  could  do. 

Topics  for  Special  Work 

1.  The  Immigration  Problem:  Elwood,  211-245. 

2.  Control  of  Congress  over  Immigration:  Munro,  255-256. 

3.  Effect  of  Immigration  on  Cities:  Munro,  675-576. 

4.  Immigration:  Beard,  387-390. 

5.  Naturalization:  Gettell,  309. 


XLI 
TRANSPORTATION 

We  now  turn  to  the  subject  of  domestic  commerce.  This  is  a  topic 
of  the  highest  importance,  for  the  internal  trade  of  the  United  States 
is  in  its  magnitude  vastly  greater  than  the  foreign  trade.  Since  the 
power  of  government  over  domestic  commerce  extends  both  to  the 
goods  exchanged  and  to  the  agencies  of  transportation,  the  regula- 
tion of  domestic  commerce  must  be  treated  under  two  distinct  head- 
ings— namely,  the  regulation  of  commercial  transactions  and  the 
regulation  of  transportation.  In  this  chapter  the  subject  will  be 
the  regulation  of  transportation. 

Interstate  and  Intrastate  Commerce.  In  order  to  under- 
stand the  subject  before  us,  we  must  learn  to  draw  clearly 
the  line  that  separates  interstate  from  intrastate  commerce. 
Broadly  speaking,  when  a  commercial  transaction  begins  in 
one  State  and  ends  in  another,  that  transaction  is  a  subject 
of  interstate  commerce ;  but  when  a  commercial  transaction 
begins  and  ends  in  the  same  State  it  is  a  subject  of  intra- 
state commerce.  When  a  merchant  ships  his  goods  from  a 
point  in  a  State  to  a  point  within  the  same  State,  he  engages 
in  intrastate  commerce ;  when  he  ships  them  to  a  point  out- 
side of  the  State,  he  is  engaged  in  interstate  commerce.  A 
railroad  that  has  its  termini  and  the  whole  length  of  its 
tracks  within  the  State  cannot  be  regarded  as  being  engaged 
in  interstate  commerce,  but  a  railroad  that  has  its  termini  in 
different  States  must  be  so  regarded.  A  river  lying  wholly 
within  a  State  and  having  no  connection  with  bodies  of 
water  extending  beyond  the  boundaries  of  the  State — a 
thing  that  rarely  ever  occurs — is  an  instrument  of  intrastate 
commerce;  but  a  river  wholly  within  a  State  connecting 
with  navigable  waters  that  extend  beyond  the  boundaries  of 

329 


330  THE  AMERICAN  DEMOCRACY 

the  State  is  regarded  as  an  instrument  of  interstate  com- 
merce. Does  a  certain  commercial  act  or  a  certain  instru- 
ment of  commerce,  a  river,  a  canal,  a  railroad,  concern  one 
State  or  more  than  one  ?  If  it  concerns  one  State  only  it  is 
an  affair  of  intrastate  commerce ;  if  it  concerns  more  than 
one  State  it  is  an  affair  of  interstate  commerce.  With  this 
explanation  we  may  pass  to  the  principal  theme  of  the 
chapter. 

Highways.  The  framers  of  the  Constitution  gave  Congress 
complete  power  to  regulate  commerce  between  the  States 
(47),  but  the  power  of  the  State  over  intrastate  commerce 
was  left  untouched.  The  State,  therefore,  has  charge  of 
intrastate  highways,  railroads,  and  canals. 

Of  the  means  of  transportation  the  most  important  are 
the  highways.  Almost  every  movement  of  freight  or  pas- 
sengers begins  upon  a  common  highway,  upon  a  paved 
street,  or  upon  a  country  road.  In  cities  the  construction 
and  maintenance  of  roads  and  streets  and  bridges  is  a  func- 
tion of  the  municipal  government.  In  rural  districts  the 
construction  and  maintenance  of  the  highways  is  in  some 
States  a  distinct  function  of  local  government — of  the 
county  or  village  or  township.  In  many  States,  however, 
the  local  government  cooperates  with  the  State  in  the  build- 
ing of  highways.  Thus,  in  Pennsylvania  the  State  cooper- 
ates with  the  counties  and  townships  in  the  building  of  cer- 
tain classes  of  roads  known  as  State-aid  highways,  the 
State  paying  a  part  of  the  cost  of  such  highway,  the  county 
a  part  and  the  township  a  part. 

Since  the  appearance  of  the  automobile  and  the  motor- 
truck, highways  have  come  to  have  more  than  a  local  interest 
and  their  control  has  become  more  and  more  a  matter  of 
State  concern.  In  an  increasing  number  of  States,  high- 
ways to  a  greater  or  less  extent,  are  being  taken  out  of  the 
hands  of  the  local  governments  and  are  being  placed  under 
the  control  of  the  State  authorities.  Along  with  the  move- 
ment toward  State  control  there  has  been  an  increase  in 


TRANSPORTATION  331 

the  amount  of  money  contributed  by  the  State  for  high- 
way construction  and  maintenance.  In  many  cases  the 
sums  appropriated  by  the  State  legislatures  for  the  support 
of  the  highways  runs  into  the  millions,  and  in  not  a  few 
States  the  bonds  issued  for  purposes  of  road-building  runs 
into  the  tens  of  millions.  It  was  estimated  that  at  the 
beginning  of  1921  there  would  be  funds  amounting  to 
$1,000,000,000  available  for  highway  construction  in  the 
United  States. 

For  the  management  and  supervision  of  highways  there 
has  been  created  in  every  State  a  central  agency,  usually 
known  as  the  State  Highway  Commission.  For  the  effi- 
cient performance  of  its  work  the  commission  employs  a 
force  of  capable  civil  engineers,  draftsmen,  and  road- 
builders.  In  some  States  the  Highway  Commission  not  only 
cooperates  with  the  local  authorities  in  the  matter  of  high- 
way improvement,  but  in  addition  contracts  and  maintains 
outright  a  system  of  State  roads.  In  some  cases  the  High- 
way Commission  exercises  an  absolute  control  over  several 
thousand  miles  of  State  highways. 

In  recent  years  the  federal  government  has  been  cooper- 
ating with  the  State  in  matters  of  highway  improvement. 
Under  the  Federal  Aid  Roads  Bill,  enacted  in  1916,  appro- 
priations are  made  by  Congress  for  highway  improvement 
throughout  the  United  States.  The  money  thus  appropri- 
ated is  divided  among  the  forty-eight  States,  each  State 
receiving  a  sum  apportioned  in  the  following  manner:  one 
third  in  the  ratio  that  the  population  of  each  State  bears 
to  the  population  of  all  the  States;  one  third  in  the  ratio 
that  the  area  of  each  State  bears  to  the  area  of  all  the 
States ;  and  one  third  in  the  ratio  that  the  mileage  of  rural- 
delivery  routes  and  star  routes  in  each  State  bears  to  the 
total  mileage  of  rural-delivery  routes  and  star  routes  in 
all  the  States.  As  a  condition  of  receiving  its  portion  of 
the  federal  appropriation,  each  State  must  spend  out  of  its 
own  treasury  every  year  as  much  money  as  it  receives  from 
the  national  treasury,  and  must  maintain  a  State  Highway 


O  »'«»,4 


MAP  SHOWING  THE  STATE  HIGHWAY  SYSTEM  OF  CALIFORNIA 
(Courtesy  of  the  Oaliforaia  State  Automobile  Association) 


332 


TRANSPORTATION  333 

Commission  with  which  the  federal  government  may  cooper^ 
ate.  The  Federal  Aid  Roads  Bill  is  administered  by  the 
Bureau  of  Public  Roads,  one  of  the  bureaus  in  the  Depart- 
ment of  Agriculture.  For  the  fiscal  year  1920  the  federal 
appropriation  for  road  improvement  was  $95,000,000. 

Railroads.  Next  to  the  highways,  steam  railroads  and 
electric  car  lines  are  the  most  important  instruments  of 
transportation.  Ordinarily,  the  electric  car  lines  within  a 
city  come  within  the  regulation  of  the  State  under  its  power 
over  intrastate  commerce,  although  many  of  the  intorurban 
lines  cross  State  lines  and  are  therefore  brought  under  the 
federal  power.  Most  steam  railroads  do  an  interstate  busi- 
ness, although  not  a  few  have  their  terminals  inside  the 
boundaries  of  a  State.  It  must  be  understood,  however, 
that,  even  though  a  railroad  has  the  whole  length  of  its 
tracks  within  a  State,  it  becomes  subject  to  federal  regula- 
tion the  moment  its  activities  involve  it  in  interstate  busi- 
ness. 

The  intrastate  traffic  of  railroads  is  sufficiently  heavy  to 
demand  a  large  share  of  attention  upon  the  part  of  the 
State.  In  virtually  every  State  there  is  a  State  Railroad 
Commission,  or  Public  Utilities  Commission,  having  large 
powers  of  supervision  and  control  over  the  intrastate  busi- 
ness of  the  railroads.  These  State  commissions  see  that 
the  railroads  do  not  favor  one  locality  or  one  individual  at 
the  expense  of  another;  they  cause  railroads  to  publish 
their  rates;  they  supervise  the  construction  of  crossings; 
they  compel  the  railroads  to  conform  to  the  constitution  and 
the  laws  of  the  State.  In  a  number  of  States  the  Railroad 
Commission  (or  the  Public  Utility  Commission)  fixes  the 
rates  a  carrier  may  charge  between  two  points  located 
within  the  boundaries  of  a  State.  When  fixing  intrastate 
rates,  however,  a  State  must  not  do  anything  that  will  re- 
sult in  discrimination  against  places  located  in  another 
State,  and  it  must  not  place  an  unjust  burden  upon  inter- 
state transportation. 


334  THE  AMERICAN  DEMOCRACY 

The  Interstate  Commerce  Commission.  The  great  prob- 
lems of  transportation  are  of  an  interstate  rather  than  of 
an  intrastate  character.  The  power  of  Congress  over  inter- 
state commerce  is  comprehensive  and  far-reaching.  It  ex- 
tends not  only  to  the  instruments  of  commerce, — to  canals 
and  vessels  and  railways  and  telephone  and  telegraph  lines, 
— but  to  the  persons  engaged  in  interstate  trade,  and  even 
to  the  articles  of  commerce  themselves. 

Although  Congress  possessed  this  power  from  the  begin- 
ning, nearly  a  hundred  years  passed  before  the  power  was 
brought  into  vigorous  use.  In  1887  Congress,  for  the  pur- 
pose of  remedying  evils  that  had  been  creeping  into  rail- 
road management,  established  the  Interstate  Commerce 
Commission  (p.  130)  and  clothed  it  with  some  substantial 
powers.  The  creation  of  this  commission  was  the  first  im- 
portant step  in  a  movement  that  at  last  resulted  in 
bringing  the  railroads  under  the  complete  control  of  gov- 
ernment. 

Under  the  law  of  1887  the  Interstate  Commerce  Com- 
mission was  given  power  to  compel  railroad  officers  to  pro- 
duce their  books  and  give  testimony  when  called  upon  to  do 
so ;  to  take  notice  of  violations  of  the  law  and  to  order  the 
violator  to  desist  from  his  illegal  acts  and  fine  him  if  he 
persisted  in  them;  to  provide  a  uniform  system  of  rail- 
way accounting;  and  to  obtain  from  each  road  an  annual 
report  of  its  operations  and  finances.  The  law  creating 
the  commission  declared  that  freight  and  passenger  rates 
should  be  just  and  reasonable ;  that  there  should  be  no  dis- 
crimination between  persons  or  between  localities;  that 
there  should  be  proper  facilities  for  the  interchange  of  traf- 
fic between  connecting  lines ;  that  free  passes  should  not  be 
issued;  and  that  railroads  should  print  and  make  public 
their  freight  and  passenger  rates.  In  respect  to  the  all-im- 
portant subject  of  rate-fixing  the  language  of  the  law  was 
vague  and  indefinite.  When  the  question  respecting  the 
power  to  fix  rates  was  at  last  settled  (in  1897)  in  the  courts, 
it  was  found  that  Congress  had  not  given  the  Commission 


TRANSPORTATION  335 

such  power  as  would  enable  it  to  fix  effectively  the  rates  that 
railroads  should  charge. 

But  the  question  of  rates  was  bound  to  come  up  again. 
It  came  up  in  1906,  when  Congress  gave  the  Commission, 
upon  the  complaint  of  an  interstate  shipper  (or  passenger), 
the  power  to  do  away  with  a  rate  that  it  regarded  as  un- 
just or  unreasonable,  and  to  fix  a  new  rate  that  it  regarded 
as  just  and  reasonable.  The  law  broadened  the  term  ' '  com- 
merce carrier"  so  as  to  bring  under  the  power  of  the  com- 
mission not  only  railroads  but  express  companies,  sleeping- 
car  companies,  and  pipe-lines  carrying  oil. 

The  law  of  1906  did  not  bring  shippers  the  relief  that 
was  expected.  Accordingly,  in  1910  Congress  again  came 
forward  with  a  law  that  went  further  in  the  regulation  of 
railroads  than  any  that  had  preceded.  Under  the  law  of 
1906  the  Commission  could  change  rates  only  after  com- 
plaint was  made  by  a  shipper.  The  law  of  1910  went  a 
step  further — and  it  was  a  very  long  step  indeed — and 
gave  the  Commission  power  to  make  investigations  upon  its 
own  motion  and  with  its  own  agents,  and  if  it  found  cer- 
tain rates  unreasonable  and  unjust  it  was  authorized  to 
change  them,  even  though  shippers  had  made  no  complaint. 
Moreover,  under  the  law  of  1910,  proposed  new  rates  could 
be  suspended  in  their  operation  by  the  act  of  the  Commis- 
sion, and  if  they  were  found  by  that  body  to  be  unjust  or 
unreasonable  they  could  not  go  into  operation  at  all. 

Thus  it  may  be  seen  that  the  law  of  1910  had  very  sharp 
teeth.  Under  it  the  power  of  the  Commission  to  regulate 
rates  was  virtually  complete.  Still,  in  all  cases  the  rail- 
roads could  appeal  to  the  courts  of  the  United  States  and 
the  decision  of  the  Commission  could  be  overruled  if  it  were 
found  that  the  rates  in  question  were  unjust  or  unreason- 
able. 

Transportation  Act  of  1920.  In  1918  the  railroads  were 
taken  over  by  the  government  as  a  war  measure,  and  for 
two  years  they  were  under  federal  control.     In  1920  they 


336  THE  AMERICAN  DEMOCRACY 

were  returned  to  their  owners.  The  law  terminating  fed- 
eral control — known  as  the  Transportation  Act — provided 
that  the  Interstate  Commerce  Commission  should  divide 
the  railroads  of  the  country  into  rate-making  groups,  but 
for  a  period  of  two  years  the  rates  must  be  high  enough  to 
yield  a  net  operating  income  of  at  least  5^/2  per  cent,  on  the 
value  of  the  railroads  within  each  group. 

This  guaranty  of  a  minimum  rate  of  profit  was  made  in 
order  to  strengthen  the  credit  of  the  railroads,  so  that  they 
might  be  able  to  borrow  money  sufficient  for  their  needs. 
Profits  above  6  per  cent,  were  to  be  divided  evenly  between 
the  road  earning  the  excess  profit  and  the  government,  the 
government's  share  going  into  a  pool,  or  common  fund,  for 
assisting  the  weaker  lines.  The  law  thus  undertook  to  com- 
pel the  more  prosperous  lines  to  assist  the  weaker  ones. 
The  law  of  1920  also  gave  the  Interstate  Commerce  Com- 
mission power  to  regulate  the  bond  issues  of  railroads,  a 
power  that  it  ought  to  have  had  much  earlier.  For  many 
of  the  evils  attending  railroad  management  have  grown  out 
of  the  unwise  and  unregulated  issuance  of  bonds. 

The  Transportation  Act  created  a  Railway  Labor  Board 
consisting  of  nine  members,  to  be  appointed  by  the  Presi- 
dent. Three  of  the  members  of  the  Board  must  be  repre- 
sentatives of  the  railroad  workers,  three  of  the  railroad 
officials,  and  three  of  the  general  public.  The  central  office 
of  the  Board  is  to  be  located  in  Chicago.  The  salary  of 
each  member  is  $10,000  a  year.  The  Board,  when  called 
upon  to  do  so,  may,  after  investigation,  fix  just  and  reason- 
able wages  and  salaries  for  railroad  workers ;  but  if  its  rul- 
ings are  not  complied  with,  if  the  workers  refuse  to  accept 
the  wages  fixed  by  the  Board  and  strike,  the  trains  must  stop 
running.  For  there  is  no  penalty  for  violating  a  ruling  of 
the  Board.  When  a  decision  of  the  Board  is  disobeyed,  its 
only  recourse  is  to  make  a  public  statement  and  rely  upon 
public  opinion  to  give  sanction  to  its  findings. 


TRANSPORTATION  837 

Questions  on  the  Text 

1.  Distinguish  between  interstate  and  intrastate  commerce. 

2.  To  what  agencies  of  transportation  does  the  power  of  the  State 
extend?  Give  an  account  of  highway  control.  What  are  the  leading 
provisions  of  the  Federal  Aid  Roads  Bill? 

3.  Give  an  account  of  the  intrastate  control  of  railroads. 

4.  To  what  agencies  of  transportation  does  the  power  of  Con- 
gress extend?  Why  was  the  Interstate  Commerce  Commission 
created?  What  were  the  powers  of  this  commission  under  the  law 
of  1887?  under  the  law  of  1906?  under  the  law  of  1910? 

5.  What  are  the  leading  provisions  of  the  Transportation  Act 
of  1920?  What  is  the  composition  of  the  Railway  Labor  Board? 
What  are  the  powers  of  this  board? 

Suggestive  Questions  and  Exebcises 

1.  What  does  the  constitution  of  this  State  say  about  commerce? 

2.  What  are  the  constitutional  provisions  in  this  State  in  refer- 
ence to  railroads?  in  reference  to  roads? 

3.  Prepare  a  five-minute  paper  on  the  value  of  good  roads. 

4.  Does  this  community  suffer  on  account  of  bad  roads?  If  so, 
in  what  way  does  it  suffer? 

5.  Prepare  a  five-minute  paper  on  the  commerce  of  your  State, 
naming  the  principal  articles  of  its  commerce,  describing  its  com- 
mercial centers,  its  highways,  its  railway's,  and  its  waterways. 

6.  Name  six  great  railway  systems  engaged  in  interstate  com- 
merce. 

7.  Do  you  think  the  federal  government  should  assist  in  road- 
building?     Do  you  think  it  should  own  and  operate  the  railroads? 

8.  How  much  money  did  the  federal  government  spend  last  year 
on  the  improvements  of  rivers  and  harbors?  What  share  of  this 
money  did  the  State  receive? 

9.  What  effect  has  the  Erie  Canal  had  on  the  commerce  of  the 
United  States? 

10.  Examine  the  map  of  the  United  States  and  determine  where 
canals  beneficial  to  commerce  might  be  constructed.  What  would  be 
the  probable  effect  on  commerce  of  a  canal  connecting  the  Missis- 
sippi River  and  the  southern  waters  of  Lake  Michigan?  From  what 
quarter  would  opposition  to  such  a  canal  come? 

11.  Name  the  great  inland  centers  of  commerce  in  the  United 
States.  Describe  how  the  commerce  of  each  may  have  been  in- 
fluenced (1)  by  rivers,  (2)  by  canals,  (3)  by  roads,  (4)  by  rail- 
roads. 

12.  Debate  this  question:  The  telegraph  business  should  be  con- 
ducted by  the  post-office  department. 

Topics  for  Special  Work 

1.  Motorized  Highways:  Cleveland  and  Schafer,  358-381. 

2.  The  Railroad  Problem:  Cleveland  and  Schafer,  382-396. 


338  THE  AMERICAN  DEMOCRACY 

3.  Transportation:  Carver,  233-244;  Thompson,    154-166. 

4.  Government  Control  of  Railroads:  Bullock,  361-372. 

5.  The  Power  of  Congress  to  Control  Interstate  Commerce:  Kaye, 

483-485. 

6.  Municipal  Railway  Regulation:  Zueblin,  30-54. 


XLII 
CORPORATIONS 

When  considering  the  commerce  power  in  its  relation  to  business 
transactions,  we  find  ourselves  chiefly  concerned  with  the  subject  of 
corporations,  for  it  is  through  the  agency  of  corporations  that  the 
great  volume  of  business  is  transacted.  We  have  already  learned 
what  a  corporation  is  and  what  the  characteristic  features  of  a  cor- 
poration are  (p.  65).  We  have  also  learned  that  corporations  are 
either  public  or  private,  and  our  study  of  municipalities  was  a  study 
of  the  public  or  political  corporation.  We  shall  now  take  up  the 
subject  of  the  private  corporation,  and  learn  of  its  place  in  the 
modern  business  world,  and  of  the  governmental  control  to  which 
it   is   subjected. 

The  Corporation  in  Modern  Life.  To-day  the  corpora- 
tion is  one  of  the  most  important  factors  of  civilization. 
Corporations  employ  five  sixths  of  the  labor  in  our  mills 
and  turn  out  six  sevenths  of  the  product.  Corporations 
supply  us  with  the  fuel  we  burn ;  they  spin  and  weave  the 
cloth  we  wear;  they  control  the  manufacture  and  sale  of 
much  of  the  food  we  eat;  they  supply  the  furniture  in 
our  houses,  the  dishes  on  our  tables,  the  utensils  in  our 
kitchens,  the  books  in  our  libraries,  the  tools  in  our  shops, 
the  implements  on  our  farms ;  they  lend  us  money  and  they 
invest  our  money  for  us;  they  insure  our  lives;  they  carry 
us  from  place  to  place  on  trolley  lines  and  railroads  and 
steamboats.  In  whatever  direction  we  turn  in  the  financial 
or  commercial  or  industrial  world,  we  meet  the  private  cor- 
poration. 

How    Corporations    are    Created    and    Controlled.     The 

charters   (p.  65)   under  which  corporations  conduct  busi- 
ness are  nearly  always  granted  by  State  authority.     The 

339 


340  THE  AMERICAN  DEMOCRACY 

Constitution  of  the  United  States  has  no  specific  provisions 
in  reference  to  corporations,  yet  Congress  can  and  does 
grant  charters  to  corporations  organized  for  carrying  on 
enterprises  that  come  within  the  range  of  federal  authority. 
For  example,  Congress,  under  its  power  to  regulate  cur- 
rency, has  granted  charters  to  the  national  and  federal  re- 
serve banks;  under  its  power  to  establish  post  roads  (51), 
it  has  granted  charters  to  transcontinental  railway  com- 
panies; under  its  power  to  regulate  foreign  commerce,  it 
has  established  a  corporation  for  the  building  of  ships. 
As  a  rule,  however,  the  creation  of  corporations  is  a  State 
function. 

The  power  to  regulate  and  control  corporations  is  divided 
between  the  State  and  the  federal  government.  A  corpora- 
tion engaging  in  interstate  business  is  subject  to  the  federal 
power;  but  a  corporation  whose  business  is  carried  on  ex- 
clusively within  a  State  is  subject  only  to  the  power  of  the 
State.  Since  virtually  all  corporations  engage  to  a  greater 
or  less  extent  in  interstate  business,  the  power  of  the  federal 
government  to  control  and  regulate  corporations  is  very  ex- 
tensive. 

Growth  of  the  Trusts.  Although  the  power  of  the  federal 
government  over  interstate  business  existed  from  the  begin- 
ning, the  hand  of  Congress  was  not  felt  by  industrial  cor- 
porations until  late  in  the  nineteenth  century,  after  the 
trust  had  made  its  appearance.  About  1880  corporations 
began  to  combine  in  order  to  protect  themselves  against  the 
ravages  of  competition.  For  many  corporations  had  now 
become  industrial  giants,  and  when  they  met  in  the  market 
as  rivals  competing  for  trade  the}^  fought  like  giants.  The 
competition  was  so  fierce  and  disastrous  that  it  played  havoc 
with  profits.  At  first  an  effort  was  made  to  stifle  competi- 
tion by  means  of  the  pool.  Several  corporations  engaged 
in  the  same  business  would  place  the  marketing  of  their 
products  under  a  central  management,  and  would  agree 
upon  a  uniform  scale  of  prices  and  upon  the  amount  of 


CORPORATIONS  341 

goods  that  each  separate  corporation  was  to  produce  and 
sell.  Under  this  arrangement  there  was  no  higgling  of  the 
market;  the  buyer  was  held  strictly  to  the  prices  fixed  by 
the  pool.  The  intention  of  the  pool  was  plainly  to  kill 
competition  and  establish  a  virtual  monopoly.^  Now, 
monopoly  is  not  only  contrary  to  the  constitution  of  most 
of  the  States,  but  it  is  also  contrary  to  the  instincts  of  the 
American  people.  So  the  pool  was  declared  illegal,  and 
combinations  of  this  kind  were  dissolved. 

Next  the  corporations  resorted  to  the  trust-agreement. 
The  combining  companies  deposited  their  stocks  with  a 
central  board  of  trustees  and  received  in  exchange  trust 
certificates.  The  trustees  managed  the  business  of  the  unit- 
ing companies,  fixing  prices  and  controlling  the  output  of 
each  constituent  corporation.  For  certain  kinds  of  trans- 
actions the  trust-agreement  is  historic  and  strictly  legal; 
but  as  an  industrial  combination  it  was  only  the  pool  in 
disguise.  It  was  monopoly,  and  was  so  declared  by  the 
courts.  So  the  trust-agreement,  like  the  pool,  was  driven 
from  the  industrial  world. 

But  the  corporations  were  not  to  be  thwarted.  They  still 
continued  their  efforts  to  avoid  competition  by  means  of 
combination.  A  corporation  could  not  combine  outright 
with  another  corporation  within  the  same  State,  for  nearly 
all  the  States  forbid  such  a  combination.  Corporations  in 
different  States  could  not  combine  without  the  consent  of 
each  of  the  States  in  which  it  was  desired  to  effect  the 
combination,  and  this  consent  could  not  be  obtained.  How, 
then,  could  the  corporations  combine?  A  law  of  New 
Jersey  passed  in  1889  provided  a  way.  This  law  permitted 
the  formation  in  New  Jersey  of  corporations  that  should 
have  the  power  of  purchasing  the  stock  and  property  of  any 
other  corporation  engaged  in  any  kind  of  business  in  any 
State  (excepting  New  Jersey)  or  in  any  country.  Here 
was  the  opportunity  the  corporations  were  seeking.     A  cor- 

1  A  monopoly  is  an  exclusive  privilege  to  deal  in  or  control  the  sale  of  cer- 
tain things.     Congress  grants  a  monopoly  to  authors  and  inventors   (52). 


342  THE  AMEEICAN  DEMOCRACY 

poration,  by  organizing  in  New  Jersey  and  securing  tlie 
stocks  of  the  corporations  that  it  wished  to  bring  into  a 
combination,  could  become  the  owner  of  those  corporations, 
and  could  then,  of  course,  control  both  the  prices  of  their 
goods  and  the  amount  of  goods  produced.  And  this  was 
what  was  done.  Corporations  that  wished  to  combine 
merged  and  blended  their  interests  into  one  giant  holding 
corporation,  a  corporation  of  corporations,  a  trust,  so 
called.  Other  States  followed  New  Jersey  in  granting 
liberal  charters  to  corporations,  and  under  the  new  laws 
the  combination  of  corporations  proceeded  on  a  sca^*^  so 
startling  in  its  proportions  that  it  seemed  as  if  practically 
the  whole  field  of  industry  would  be  brought  under  the 
control  of  the  trusts. 

Advantages  and  Disadvantages  of  Trusts.  The  trusts 
flourished  because,  as  producers  of  goods,  they  had  certain 
advantages  over  the  smaller  companies.  Their  chief  advan- 
tage lay  in  the  direction  of  economy  in  production.  They 
had  the  best  equipped  establishments;  their  plants  were 
located  with  the  view  of  reducing  freight  expenses;  they 
made  use  of  only  the  most  desirable  patents;  they  carried 
the  division  of  labor  to  the  highest  point  of  efficiency ;  they 
saved  large  sums  in  office  expenses  and  in  expenses  of 
salesmanship.  In  these  and  other  ways  they  reduced  the 
cost  of  production  to  the  lowest  possible  point. 

But  it  could  not  be  denied  that  the  trusts  were  the  source 
of  many  evils.  For  one  thing,  they  frequently  drove  com- 
petitors out  of  business  by  selling  at  a  temporary  loss,  and 
as  soon  as  they  gained  possession  of  the  market  they  raised 
their  prices  to  a  profit  in  excess  of  that  possible  under  com- 
petition. Then  they  ''watered"  their  stock;  that  is,  they 
authorized  and  floated  stock  far  in  excess  of  the  cash  value 
pf  their  property.  The  attempt  of  the  trust  to  continue  in 
hard  times  the  dividends  upon  a  large  bulk  of  "watered" 
stock  placed  an  unnecessary  burden  upon  consumers  and 
laborers — upon  the  consumer  in  the  form  of  high  prices; 


CORPORATIONS  343 

upon  the  laborer  in  the  form  of  lower  wages.  But  the 
most  serious  charge  against  the  trusts  was  that  they  led  to 
a  dangerous  concentration  of  wealth.  For  never  in  all 
history  had  money  flowed  into  the  pockets  of  individuals  in 
streams  so  large  as  those  that  flowed  into  the  pockets  of  the 
trust  magnates. 

The  Federal  Government  and  the  Trusts.  In  order  to 
check  the  onward  march  of  the  trusts,  Congress  in  1890 
passed  the  Sherman  Anti-Trust  Act.  This  famous  law  de- 
clared :  * '  Every  contract,  combination  in  the  form  of  trust 
or  otherwise,  or  conspiracy  in  restraint  of  trade  or  com- 
merce among  the  several  States  or  with  foreign  nations, 
is  hereby  declared  illegal.  Every  person  who  shall  monop- 
olize or  attempt  to  monopolize  or  combine  or  conspire  with 
any  other  person  or  persons  to  monopolize  any  part  of  the 
trade  or  commerce  among  the  several  States  or  with  for- 
eign nations  shall  be  guilty  of  a  misdemeanor  punishable  by 
fine  or  imprisonment  or  by  both. ' '  It  further  declared  that 
any  person  who  should  be  injured  in  his  business  or  prop- 
erty through  the  unlawful  action  of  a  trust  should  be  en- 
titled to  recover  threefold  the  damages  sustained. 

Statesmen  hoped  that  the  Sherman  Act  would  curb  the 
trusts  and  restore  competition ;  but  they  were  disappointed. 
The  forces  of  concentration  were  not  checked.  At  the  open- 
ing of  the  twentieth  century  nearly  one  third  of  all  indus- 
tries, excluding  that  of  agriculture,  had  been  brought  under 
the  control  of  the  trusts.  Vigorous  efforts  were  made  by 
the  federal  government  to  enforce  the  Sherman  Act. 
Suits  were  brought  against  the  oil  trust,  the  steel  trust,  the 
agricultural  implement  trust,  the  tobacco  trust,  and  others ; 
but  the  net  result  of  this  legal  warfare  was  small.  The 
barrenness  of  the  anti-trust  crusade  was  seen  in  the  case 
of  the  oil  trust. 

In  1911  the  Supreme  Court  of  the  United  States  decided 
that  the  Standard  Oil  Company  was  violating  the  Sherman 
Act  and  that  it  must  be  dissolved ;  that  it  must  relinquish 


344  THE  AMERICAN  DEMOCRACY 

its  control  over  the  constituent  companies,  of  whicli  there 
were  thirty-three,  and  give  to  each  of  these  minor  com- 
panies its  proportionate  share  of  the  stock.  This  was  done, 
and  it  was  thought  that  a  great  victory  had  been  won  over 
the  oil  trust.  But  it  was  not  a  very  useful  victory,  for 
the  small  group  of  men  who  had  controlled  the  consolidated 
company  was  composed  of  the  very  men  who  were  to  con- 
trol the  several  independent  companies  that  had  been  com- 
pelled to  sever  their  relations  with  the  trust.  Under  such 
conditions  of  ownership,  anything  like  vigorous  competi- 
tion was  out  of  the  question. 

In  1914  Congress  came  forward  once  more  with  measures 
designed  to  lubricate  the  wheels  of  competition.  Declar- 
ing unfair  methods  of  competition  to  be  unlawful,  it  estab- 
lished the  Federal  Trade  Commission  (p.  130),  and  gave 
it  power  to  prevent  persons,  partnerships,  and  corporations 
(excepting  banks  and  railroads,  for  these  were  governed  by 
other  agencies)  from  using  unfair  methods  in  trade. 
This  commission  hears  the  complaints  of  business  men  who 
are  suffering  by  reason  of  the  dishonest  practice  of  their 
rivals.  Among  the  complaints  to  which  it  may  give  heed 
are  false  advertising,  price  discrimination  (selling  to  one 
person  at  one  price  and  to  another  at  another  price), 
bribery  of  employees,  misbranding  of  goods,  rebates,  and 
the  like. 

And  what  does  the  commission  do  with  the  complaints? 
If,  after  investigation,  it  has  reason  to  believe  that  a 
complaint  is  just,  it  orders  the  offending  party  to  desist 
from  the  unfair  practice  with  which  he  is  charged.  If  the 
offender  obeys  the  order  of  the  commission,  that  is  the  end 
of  the  matter.  If  he  does  not  obey,  he  is  liable  to  be  brought 
before  a  federal  court,  and  if  found  guilty  to  be  punished 
if  he  does  not  desist  from  the  unfair  practice.  It  will  be 
observed  that  there  are  a  good  many  *'ifs"  here,  and  that 
a  good  many  things  have  to  be  done  before  the  wrong- 
doer can  actually  be  punished  for  his  offense. 

At  present  (1920)  the  power  of  the  Federal  Trade  Com- 


CORPORATIONS  345' 

mission  is  greatly  limited,  but  its  arm  can  be  strengthened 
by  Congress.  The  Interstate  Commerce  Commission  at  first 
could  do  little  in  the  way  of  controlling  the  railroads ;  but  as 
the  years  passed  Congress  gave  it  more  and  more  power, 
until  at  last  it  was  vested  with  authority  to  ^  even  the 
rates  that  carriers  might  charge.  So,  too,  it  may  come 
about  that  the  powers  of  the  Federal  Trade  Commission 
will  be  increased,  and  that  some  day  it  will  become 
one  of  the  most  powerful  agencies  of  the  federal  govern- 
ment. 

The  law  creating  the  Federal  Trade  Commission  was 
quickly  followed  by  the  Clayton  Trust  Bill.  This  law 
supplements  the  Sherman  Act  and  is  aimed  directly  at 
monopoly.  The  Clayton  law  makes  it  unlawful  for  any 
concern  to  discriminate  in  price  between  different  purchas- 
ers where  the  effect  of  such  discrimination  is  substantially 
to  lessen  competition  or  create  a  monopoly  in  any  line  of 
trade;  it  forbids  any  corporation  from  acquiring  the  whole 
or  any  part  of  the  stock  of  another  corporation  where  the 
effect  of  such  acquisition  may  substantially  lessen  competi- 
tion between  the  corporation  whose  stock  is  acquired  and 
the  corporation  making  the  acquisition ;  it  forbids  the  inter- 
locking of  directorates;  that  is,  it  forbids  directors  in  cer- 
tain classes  of  corporations  to  serve  as  directors  in  corpora- 
tions conducting  the  same  line  of  business.  The  law,  how- 
ever, declares  that  the  labor  of  a  human  being  is  not  a 
coonmodity  or  article  of  commerce,  and  labor  unions  and 
farmers'  organizations,  when  they  have  no  capital  stock 
and  are  not  conducted  for  profit,  are  exempted  from  the 
operations  of  the  law. 

State  Governments  and  the  Trusts.  The  federal  govern- 
ment has  not  been  alone  in  waging  war  upon  the  trusts. 
For  in  many  cases  the  State  government  has  attempted  to 
stem  the  tide  of  monopoly.  For  example,  in  Ohio  a  trust 
is  defined  by  the  law  to  be  a  combination  of  capital,  skill, 
or  acts,  by  two  or  more  persons,  firms,  partnerships,  cor- 


346  THE  AMERICAN  DEMOCRACY 

porations,  or  associations  of  persons,  for  any  or  all  of  the 
following  purposes: 

1.  To  create  or  carry  out  restrictions  in  trade  or  com- 
merce. 

2.  To  limit  or  reduce  the  production  of  a  commodity. 

3.  To  increase  or  reduce  the  price  of  a  commodity. 

4.  To  prevent  competition  in  the  manufacture  or  sale  of 
a  commodity. 

5.  To  enter  into  an  agreement  not  to  sell  a  commodity 
below  a  fixed  value  where  such  an  agreement  precludes 
free  and  unrestricted  competition  in  the  sale  of  the  com- 
modity. 

Thus  defined,  the  trust  in  Ohio  is  declared  unlawful 
against  public  policy,  and  void.  A  violation  of  the  anti- 
trust law  is  a  conspiracy  against  trade,  and  a  person 
engaged  in  such  conspiracy  is  liable  to  fine  and  imprison- 
ment. All  together,  more  than  thirty  States  have  laws 
designed  to  control  the  trusts. 

The  Trust  Problem.  But  it  cannot  be  said  that  the  trusts 
have  been  brought  under  control.  In  spite  of  anti-trust 
laws  and  anti-trust  agencies,  combination  still  goes  on, 
monopoly  still  thrives,  and  the  trust  problem  is  still  un- 
solved. What  solution  is  there  for  this  difficult  and  per- 
plexing problem?  When  thirty  years  of  effort  to  solve  it 
has  brought  such  small  success,  is  there  any  hope  that  it  can 
ever  be  solved?  Must  competition  die  and  monopoly  be 
allowed  to  gain  the  mastery  in  the  business  world? 

These  questions  are  cause  for  deep  concern,  but  they  need 
not  cause  despair.  We  can  still  rely  upon  the  efficiency 
of  government  and  law.  The  federal  arm  will  always  be 
strong  enough  to  bring  a  corporation,  however  powerful 
it  may  be,  to  terms.  And  herein  lies  our  hope;  the  law 
may  always  be  kept  supreme.  We  need  not  fear  the  trusts 
as  long  as  we  know  they  can  be  compelled  to  obey  the  law. 
Keep  government  strong  enough  to  apply  remedies,  and 


CORPORATIONS  347 

remedies  doubtless  will  in  time  be  found.     Indeed,  they 
must  be  found  if  competition  in  business  is  to  live. 

Questions  on  the  Text 

1.  Give  an  account  of  the  part  played  by  the  corporation  in 
modern  life. 

2.  From  what  source  do  corporations  receive  their  power? 

3.  Tell  the  story  of  the  growth  of  trusts. 

4.  What  are  the  advantages  and  disadvantages  of  trusts? 

5.  What  efforts  have  been  made  by  the  federal  government  to 
control  the  trusts? 

6.  What  efforts  have  been  made  by  the  States  to  control  the 
trusts  ? 

7.  What  can  you  say  of  the  trust  problem? 

Sdggestive  Questions  and  Exercises 

1.  Give  illustrations  of  partnerships  existing  in  this  community; 
of  corporations;  of  trusts. 

2.  A  local  tinner  charges  25  cents  for  a  pan  that  you  can  buy 
from  a  trust  for  23  cents:  would  you  buy  your  pan  from  the  local 
tinner  or  from  the  trust? 

3.  What  does  the  constitution  of  this  State  say  about  corpora- 
tions? about  trusts? 

4.  If  it  were  shown  that  the  trusts  benefit  society  in  material 
things,  but  dwarf  individuality,  what  would  be  your  attitude  toward 
trusts?  Does  society  exist  for  your  benefit,  or  do  you  exist  for  the 
benefit  of  society? 

5.  Name  five  of  the  largest  industrial  organizations  in  the  United 
States.  What  effect  have  these  combinations  had  upon  the  prices  of 
the  articles  they  produce? 

6.  Has  this  State  passed  an  anti-trust  law?  If  so,  has  this  law 
accomplished   its  purpose? 

Topics  for  Special  Work 

1.  The  Organization  of  Business:   Carver,  168-180. 

2.  Confederations:   Bullock,  155-159. 

3.  Federal  Control  of  Trusts:     Kaye,  492-497. 

4.  The  Organization  of  Industry:   Thompson,  85-97. 
6.  Government  and  Production:  Thompson,   183-193, 


XLIII 
CONSERVATION 

A  most  important  service  of  our  government  is  to  conserve  the 
natural  resources  of  the  nation.  What  are  the  principal  resources 
that  come  within  the  scope  of  a  conservation  policy?  To  what  ex- 
tent has  our  government  engaged  in  conservation  work?  In  what 
direction  are  the  needs  for  conservation  most  pressing  ? 

Meaning  of  Conservation.  Conservation,  as  the  word  is 
used  here,  has  reference  to  natural  resources,  and  relates 
to  the  efforts  made  by  government  to  preserve  these  re- 
sources from  loss,  decay,  injury,  or  violation.  Conserva- 
tion does  not  mean,  as  is  sometimes  supposed,  that  the 
gifts  of  nature  are  to  be  securely  locked  up  and  withdrawn 
from  use.  On  the  contrary,  true  conservation  means  the 
orderly  development  of  the  nation's  resources  with  the 
view  of  using  them  freely.  But  they  must  be  used  in  a 
way  that  will  bring  the  greatest  benefits  to  the  greatest 
number  of  people.  No  other  country  in  the  world  is  more 
bountifully  supplied  with  natural  resources  than  the  United 
States.  It  has  been  the  exploitation  of  natural  resources 
that  has  put  us  in  the  front  rank  of  nations.  If  we  are 
to  continue  in  the  front  rank  we  must  conserve  as  well  as 
exploit. 

Scope  of  Conservation.  Of  the  things  that  come  within 
the  scope  of  a  conservation  policy,  land  is  the  most  impor- 
tant, for  the  earth  is  the  mother  of  us  all.  For  that  portion 
of  the  land  held  under  private  ownership  efforts  at  conserva- 
tion must,  for  the  most  part,  be  made  upon  the  initiative  of 
the  owners.  But  there  are  several  hundreds  of  millions  of 
acres  held  under  public  ownership.     Over  this  vast  national 

34a 


CONSERVATION  349 

domain  government  has  a  free  hand  to  employ  every  means 
of  conservation  that  will  inure  to  the  benefit  of  the  public. 

Next  to  the  land,  the  forest,  perhaps,  is  the  natural 
resource  of  greatest  concern ;  for  the  products  of  the  forest 
are  elemental  necessities  of  civilized  life.  Here  too  there 
is  an  opportunity  for  the  government  to  serve  the  people 
in  a  large  way  by  applying  the  principles  of  conservation. 
For  about  one  fourth  of  all  the  forest  area  in  the  United 
States  is  public  property  and  is  therefore  under  govern- 
ment control. 

Our  water  resources  also  offer  golden  opportunities  for 
conservation.  If  all  the  streams  that  are  under  government 
control  were  fully  utilized  with  the  view  of  preventing 
waste,  millions  of  acres  of  land  that  are  now  arid  and  use- 
less could  be  made  to  blossom  as  the  rose,  and  many  million 
horsepower  of  energy  that  is  now  dissipated  and  lost  could 
be  saved  and  set  to  work,  turning  wheels  in  factories  and 
drawing  trains.  In  carrying  forward  a  conservation 
policy,  therefore,  the  chief  objects  of  the  statesman's  con- 
cern must  be  the  land,  the  forests,  and  the  water-courses. 

Conservation  of  the  Soil.  The  productive  power  of  the  soil 
is  the  greatest  asset  of  our  nation.  The  government  at 
Washington  recognizes  this,  and  supports  in  a  most  gener- 
ous manner  a  Department  of  Agriculture,  whose  efforts  are 
directed  chiefly  to  the  promotion  of  agricultural  interests. 
The  services  of  this  great  department,  with  its  numerous 
bureaus  and  its  thousands  of  trained  workers,  are  indicated 
in  brief  outline  in  another  chapter  (p.  427).  In  all  the 
varied  activities  of  the  Department  of  Agriculture  the  cen- 
tral purpose  is  always  the  same,  viz.,  to  increase  the  produc- 
tive power  of  the  soil  and  at  the  same  time  to  cause  the 
principles  of  conservation  to  be  applied. 

It  would  be  difficult  to  overestimate  the  value  of  soil 
conservation;  for  to  conserve  the  soil  is  to  conserve  the 
food  supply,  and  there  is  no  task  more  important  than  that 
of  caring  for  the  food  resources  of  a  great  and  growing 


350  THE  AMERICAN  DEMOCRACY 

nation.  This  is  a  matter  that  heretofore  has  given  Amer- 
icans little  anxiety.  We  have  had  enough  to  eat  and  more, 
and  have  been  prodigal  of  our  food  resources.  But  the 
time  has  come  when  we  must  conserve  and  increase  by 
sound  economical  methods  the  productivity  of  the  soil. 

Conservation  through  Reclamation.  We  must  increase 
the  area  of  our  agricultural  acreage.  This  can  be  done  on 
a  very  extensive  scale.  For  of  the  whole  tillable  area  in 
the  United  States  only  about  one  third  has  been  actually 
brought  under  cultivation.  When,  therefore,  we  shall  have 
developed  for  agricultural  purposes  all  the  land  that  can 
profitably  be  utilized,  our  productive  acreage  will  be  three 
times  as  great  as  it  is  now. 

The  extension  of  our  agricultural  acreage  will  be  achieved 
largely  through  the  reclamation  of  arid  regions  and  of 
swamp-lands.  In  the  western  States  there  are  awaiting  de- 
velopment millions  upon  millions  of  acres  of  land  that  is 
naturally  fertile  and  capable  of  producing  a  variety  of 
crops,  but  that  is  worthless  because  rain  never  falls  upon  it. 
Yet  this  land  can  be  reclaimed  for  the  use  of  man.  The 
waters  in  the  mountain  streams  can  be  stored  in  reservoirs 
and  used  for  irrigating  the  arid  wastes. 

The  governments  of  several  of  the  States,  and  the  federal 
government  also,  have  availed  themselves  of  this  oppor- 
tunity for  conservation.  In  a  number  of  the  States  of  the 
far  West  extensive  projects  for  irrigation  have  been  carried 
to  completion  and  millions  of  acres  of  arid  lands  have  been 
reclaimed.  The  federal  government  maintains  a  Reclama- 
tion Service,  which  does  all  the  things  that  are  necessary 
to  be  done  for  storing  up  the  water  and  making  it  avail- 
able for  irrigation  purposes.  The  national  reclamation 
policy  has  resulted  in  the  annual  production  of  crops  worth 
more  than  $100,000,000  on  lands  that  a  short  time  ago  pro- 
duced nothing.  Moreover,  the  policy  has  resulted  in  the 
establishment  of  more  than  200,000  people  in  prosperous 
and  contented  homes  on  farms,  and  an  equal  number  in 


CONSERVATION 


351 


the  cities,  towns,  and  villages  that  have  arisen  within  the 
regions  of  the  irrigated  areas.  Yet  the  work  of  reclaim- 
ing the  arid  lands  has  only  fairly  begun.  When  all  the 
waters  available  for  irrigation  shall  have  been  conserved, 
it  will  be  possible  to  use  them  for  reclaiming  enough  arid 


MAP   SHOWING  THE   LOCATION  OF  THE   IRRIGATION   PROJECTS 
OF  THE   UNITED   STATES  GOVERNMENT 


lands  to  supply  a  population  of  perhaps  fifteen  or  twenty 
million  souls. 

The  possibilities  of  conservation  through  the  reclamation 
of  swamp-lands  are  also  very  great.  In  the  States  of  the 
Middle  West  and  of  the  South  there  are  more  than  100,- 


352  THE  AMERICAN  DEMOCRACY 

000,000  acres  of  swampy  and  wet  lands.  If  collected  in 
one  place  these  lands  would  have  an  area  greater  than  the 
combined  area  of  Iowa,  Illinois,  and  Indiana. 

The  swamp-lands,  for  the  most  part,  do  not  come  within 
the  jurisdiction  of  the  federal  government.  Their  reclama- 
tion, therefore,  is  largely  a  matter  of  State  concern.  In 
many  States  laws  have  been  enacted  encouraging  the  drain- 
ing of  swamp-lands.  In  Michigan  drainage  improvements 
costing  many  millions  of  dollars  have  been  constructed.  In 
the  Southern  States  more  than  7,000,000  acres  of  swamp- 
lands have  been  reclaimed.  Yet,  as  in  the  case  of  arid 
regions,  the  work  of  reclaiming  the  wet  lands  has  only  be- 
gun. It  is  estimated  that  if  the  swamp-lands  were  all 
drained  the  portion  available  for  cultivation  would  be  suf- 
ficient to  make  1,000,000  farms  of  60  acres  each.  Here, 
then,  a  well  executed  policy  of  conservation  would  result  in 
providing  support  for  another  fifteen  or  twenty  million 
souls. 

Forest  Conservation.  Forest  conservation  is  largely  a 
matter  of  federal  concern,  although  many  States  maintain 
governmental  agencies  for  the  protection  of  forests. 
Liberal  provisions  are  made  by  Congress  for  the  protection 
of  our  national  forests  and  promoting  their  healthy  devel- 
opment. For  the  development  of  the  resources  of  these 
boundless  stretches  of  woodland  the  Forest  Service  (a  bu- 
reau in  the  Department  of  Agriculture)  spends  annually 
several  millions  of  dollars  and  employs  the  services  of 
several  thousand  forest  workers.  Its  chief  aim  is  to  man- 
age the  forest-lands  in  the  way  best  suited  to  make  them  of 
the  most  use  to  the  most  people.  Through  its  efforts, 
lumbermen  are  encouraged  to  settle  in  the  forests  in  places 
where  timber  may  be  cut  and  sold  at  a  profit.  Trees  that 
have  attained  their  full  growth  are  sold  to  any  one  who 
will  pay  a  fair  price.  But  only  the  trees  marked  by  an 
official  forester  may  be  felled,  it  being  a  policy  of  forestry 
management  that  younger  trees  shall  be  left  standing  in 


CONSERVATION  353 

order  that  the  forest-land  shall  not  be  denuded.  A  most 
useful  service  of  the  foresters  is  to  protect  the  forests  from 
fires,  for  fire  is  often  more  destructive  than  the  ax.  Scat- 
tered over  the  forest  domain  are  rangers  who  act  as  fire- 
men, and  who  fight  fires  in  the  forest  as  promptly  and  as 
bravely  as  it  is  fought  by  trained  firemen  in  cities. 

While  the  federal  Forest  Service  has  done  and  is  doing 
much  to  conserve  the  forest  resources,  it  has  not  solved,  and 
will  of  itself  not  be  able  to  solve,  the  problem  of  forest  con- 
servation. For  private  owners  hold  more  than  three 
fourths  of  the  timber  supplies  of  the  United  States,  and 
over  private  holdings  the  government  has  no  control.  But 
the  situation  is  one  that  requires  the  firm  hand  of  govern- 
ment. In  the  past  we  have  exploited  our  forests  in  a 
shamefully  wasteful  and  uneconomical  manner,  and  the 
present  rate  of  depletion  of  our  forest  resources  is  more 
than  twice,  probably  three  times  what  is  actually  being 
produced.     So  the  forest  problem  is  becoming  acute. 

"The  situation,"  said  the  head  of  the  Forest  Service  in 
his  report  for  1919,  ''necessitates  a  broad  policy  of 
forestry  for  the  whole  nation,  which  will  include  both  an 
enlarged  program  of  public  acquisition  of  forests  by  the 
government,  the  States,  and  municipalities,  and  protection 
and  perpetuation  of  forest  growths  in  all  privately  owned 
lands  which  may  not  better  be  used  for  agriculture  and 
settlement.  The  government  and  the  States  must  join 
hands  in  writing  out  a  program  that  will  bind  into  cor- 
relation the  various  public  and  private  efforts  for  the  pro- 
tection and  right  handling  of  the  forests. ' ' 

Conservation  of  Water-Power.  Attention  has  already 
been  called  to  the  importance  of  conserving  the  waters  in 
the  streams  for  purposes  of  irrigation.  But  these  waters 
may  also  be  conserved  for  the  purpose  of  securing  mechani- 
cal power.  They  may  be  stored  up  in  reservoirs,  and  the 
power  thus  developed  may  be  converted  into  electric  cur- 
rents, which  may  be  used  to  do  almost  any  kind  of  mechani- 


354  THE  AMERICAN  DEMOCRACY 

cal  work.  On  one  of  the  railroads  in  the  Northwest,  trains 
for  a  distance  of  several  hundred  miles  are  drawn  by  elec- 
trical currents  generated  by  the  falling  water  of  mountain 
streams.  But,  where  there  are  hundreds  of  miles  of  rail- 
road thus  electrified,  there  might  easily  be  thousands.  For 
the  total  amount  of  potential  hydro-electric  energy  in  the 
United  States  is  estimated  to  be  nearly  50,000,000  horse- 
power. In  the  State  of  Montana  alone  there  is  probably 
10,000,000  horsepower.  If  all  the  streams  containing 
latent  hydro-electric  power  were  put  to  work,  an  annual 
saving  of  hundreds  of  millions  of  tons  of  coal  could  be 
effected.  And  it  is  for  the  saving  of  coal  that  the  conserva- 
tion of  water-power  should  be  adopted  as  a  policy  of  gov- 
ernment. For  our  coal  resources  are  by  no  means  in- 
exhaustible. Indeed,  experts  estimate  that,  at  the  present 
rate  of  consumption,  taking  into  consideration  the  increase 
that  will  come  with  increased  population,  all  our  anthracite 
coal  deposits  and  all  our  high-grade  deposits  of  bituminous 
coal  will  be  exhausted  within  a  hundred  years. 

The  importance  of  conserving  our  vast  supplies  of  hydro- 
electric energy  is  seen  by  our  public  men,  and  legislation 
providing  for  our  water-power  resources  is  being  enacted. 
A  bill  recently  passed  by  Congress — the  Jones  Bill — creates 
a  water-power  commission,  to  which  is  given  authority  over 
all  matters  coming  within  the  federal  jurisdiction  pertaining 
to  the  development  of  water-power  in  the  public  domains 
and  in  the  national  forests.  The  object  of  the  law  is  to  pro- 
mote united  action,  together  with  economy  of  operation. 
The  commission  is  granted  authority  to  collect  data  concern- 
ing the  utilization  of  the  water-power  resources  of  the  na- 
tion, and  it  may  issue  to  citizens  of  the  United  States,  to 
corporations,  to  States,  and  to  municipalities,  licenses  for 
operating  hydro-electric  plants,  the  licenses  being  given 
for  a  period  of  fifty  years.  The  Jones  Bill  also  encourages 
the  building  of  headwater  storage  reservoirs  to  prevent 
floods  and  obtain  water  for  irrigation  purposes  after  being 


CONSERVATION  355 

used  for  the  generation  of  power.  Thus  a  comprehensive 
policy  of  water-power  development  has  been  instituted  by 
Congressional  action. 

Some  of  the  Practical  Benefits  of  Conservation.    It  is  to  be 

hoped  that  the  efforts  of  Congress  in  this  direction  will  not 
be  relaxed.  For  conservation  is  a  serious  problem  and  its 
solution  should  not  be  delayed.  Already  there  has  been  too 
much  procrastination  and  neglect.  Only  in  recent  years 
have  our  statesmen  at  Washington  undertaken  to  guard  our 
natural  resources  and  conserve  them  for  the  use  and  benefit 
of  the  people.  As  late  as  1907  a  United  States  Senator 
could  say : 

''Hitherto  our  national  policy  has  been  one  of  almost 
unrestricted  disposal  of  natural  resources,  and  this  in  more 
lavish  measure  than  in  any  other  nation  in  the  world's  his- 
tory; and  this  policy  of  the  federal  government  has  been 
shared  by  the  constituent  States.  Three  consequences 
have  ensued:  First,  unprecedented  consumption  of  nat- 
ural resources;  second,  exhaustion  of  these  resources  to 
the  extent  that  a  large  part  of  our  available  public  lands 
have  passed  into  great  estates  or  corporate  interests,  our 
forests  are  so  far  depleted  as  to  multiply  the  cost  of  forest 
products,  and  our  supplies  of  coal  and  iron  ore  so  far  re- 
duced as  to  enhance  prices;  and,  third,  unequaled  oppor- 
tunity for  private  monopoly." 

From  this  description  of  our  prodigality  it  would  seem 
that  to  talk  now  of  conservation  is  like  talking  of  locking 
the  stable  door  after  the  horse  is  stolen.  But  the  case  is 
not  so  bad  as  that.  As  we  have  learned,  the  natural  re- 
sources still  in  the  possession  of  the  government  have  a 
value  almost  beyond  computation,  and  if  a  firm  policy  of 
conservation  is  adopted  and  carried  forward  in  earnest, 
this  heritage  in  lands,  forests,  minerals,  and  water-power 
may  be  so  administered  that  it  shall  be  a  source  of  good  to 
all  the  people.    And  what  practical  benefits  would  arise 


356  THE  AMEEICAN  DEMOCRACY 

from  a  wise,  fearless,  and  thorough-going  policy  of  con- 
servation ?  As  a  partial  answer — and  only  partial,  for  the 
subject  is  vast — the  benefits  would  be  as  follows: 

(1)  Our  public  lands,  instead  of  being  taken  up  in  im- 
mense tracts  by  corporations  or  by  rich  individuals,  would 
be  parceled  out  in  little  farms  and  given  to  millions  of  small 
freeholders,  the  class  of  people  that  has  always  formed  the 
backbone  of  the  American  nation. 

(2)  Land  already  under  cultivation  would  be  protected 
from  the  injury  caused  by  soil  erosion  and  would  be  made 
more  productive  through  scientific  methods  of  agric^ilture. 

(3)  The  tillable  acreage  would  be  enormously  increased 
by  the  reclamation  of  arid  and  swampy  lands. 

(4)  The  food  supply  would  be  greatly  increased  and 
the  cost  of  living  reduced. 

(5)  Waterways  would  be  developed  for  navigation  with 
results  beneficial  to  transportation. 

(6)  Water-power  would  be  utilized  on  a  scale  that  would 
result  in  saving  countless  millions  of  tons  of  coal. 

(7)  The  national  forests  would  be  so  managed  that 
they  would  not  only  assist  in  the  conservation  of  the  soil 
and  of  water-power,  but  would  also  supply  us  with  lumber 
in  larger  and  cheaper  quantities,  and  thus  assist  in  the  solu- 
tion of  the  housing  problem. 

Questions  on  the  Text 

1.  Define  "conseryation"  as  the  word  is  here  used. 

2.  What  are  the  principal  natural  resources  that  come  within  the 
scope  of  a  conservation  policy? 

3.  What  are  the  two  underlying  purposes  of  the  federal  Depart- 
ment of  Agriculture? 

4.  In  what  two  ways  may  the  areas  of  our  farm-lands  be  ex- 
tended through  reclamation?  Give  an  account  of  the  activities  of 
the  Reclamation  Service. 

5.  What  efforts  are  made  to  conserve  our  national  forests? 

6.  What  are  the  possibilities  of  conservation  as  related  to  water- 
power  ? 

7.  Name  some  of  the  benefits  that  would  flow  from  a  compre- 
hensive policy  of  conservation. 


CONSERVATION  357 

Suggestive  Questions  and  Exercises 

1.  What  eflforts  at  conservation  have  been  made  in  this   State? 

2.  What  departments  of  your  State  government  are  engaged  in 
conservation  work?  Tell  the  principal  achievements  of  each  de- 
partment thus  engaged. 

3.  What  are  the  chief  national  resources  of  this  State?  Are  any 
of  them  going  to  waste? 

4.  President  Roosevelt  once  said:  "To  allow  the  public  lands  to 
b«  worked  by  the  tenants  of  rich  men  for  the  profits  of  the  land- 
lords, instead  of  by  freeholders  for  the  livelihood  of  their  wives  and 
children,  is  little  less  than  a  crime  against  our  people  and  our  in- 
stitutions." Are  the  lands  in  this  State  generally  worked  by  the 
men  who  own  them?  Are  there  in  this  State  any  great  tracts  of 
land  owned  by  corporations? 

5.  Point  out   the  dangers  of   "absentee   landlordism." 

6.  What  railroads  have  received  immense  grants  of  the  public 
land? 

7.  What  opportunities  are  there  in  this  State  for  the  develop- 
ment of  hydro-electric  energy? 

8.  To  what  extent  is  prolitable  irrigation  possible  in  this  State? 

9.  What  is  the  area  of  the  swamp-lands  of  this  State?  To  what 
extent  has  there  been  a  reclamation  of  swamp-lands  in  this  State? 

10.  Name    some    benefits    of    conservation    in    addition    to    those 
enumerated  in  the  text. 

Topics  for  Speciai.  Work 

1.  Natural  Resources  as  State  Property:  Reinsch,  265-271. 

2.  Conservatism  in  New  York:  Reinsch,  271-283. 

3.  Establishment    of    the    Secretaryship    of    Agriculture:  Learned, 

292-342. 

4.  Land:     Thompson,    114-129. 

5.  National  Resources:  Beard,  401-416. 


XLIV 

ELECTIONS 

In  a  democracy  there  is  no  task  of  government  that  lequires  a 
more  faithful  and  honest  performance  than  the  holding  of  elections, 
for  it  is  through  the  election  that  the  people  express  their  will.  On 
election  day,  therefore,  popular  government  is  really  on  trial.  In 
this  chapter  let  us  acquire  some  sound  ideas  about  this  indispens- 
able and  all-important  service  of  a  representative  government — the 
holding  of  elections. 

Usefulness  of  Frequent  Elections.  Under  a  representative 
government  the  election  is  the  all-important  institution ;  all 
that  is  good  and  all  that  is  bad  in  our  political  life  flows 
through  the  ballot-box.  To  be  present  at  the  polls  on  elec- 
tion day,  if  possible,  is  the  first  duty  of  citizenship.  We 
hear  people  complain  of  the  frequency  of  elections.  They 
tire  of  politics  and  grudge  the  time  it  takes  to  vote,  and 
they  wish  officers  were  elected  for  longer  terms  so  that  elec- 
tion day  would  not  come  around  so  soon.  Such  people  ad- 
vance a  most  dangerous  doctrine.  If  elections  occurred 
only  at  long  intervals,  the  people,  absorbed  in  their  private 
affairs,  would  gradually  come  to  know  and  think  and  care 
less  and  less  about  their  government,  and  they  would  grow 
more  and  more  willing  that  responsibility  for  its  manage- 
ment should  pass  out  of  their  hands.  This  would  be  the 
straight  road  to  despotism.  Frequent  elections,  on  the 
other  hand,  keep  the  minds  of  the  voters  fixed  upon  their 
officials  and  upon  the  doings  of  government,  and  in  this 
way  citizenship  is  kept  vigilant  and  strong.  It  is  politi- 
cally wholesome  to  vote  at  least  once  a  year.  ''Where  an- 
nual elections  end,"  said  Samuel  Adams,  ''tyranny  be- 
gins." A  long  interval  between  elections  would  doubt- 
less mean  the  decay  of  representative  government. 

368 


ELECTIONS  359 

Elections  Conducted  by  State  Authority.  We  have  learned 
that  the  right  of  suffrage  and  the  qualifications  of  voters 
are  determined  largely  by  State  authority  (p.  12).  The 
holding  of  elections  is  also  almost  entirely  an  affair  of  the 
State.  The  only  instance  of  the  power  of  the  federal  gov- 
ernment to  participate  in  the  management  of  elections  is 
seen  in  the  right  of  Congress  to  make  regulations  concern- 
ing the  elections  held  for  choosing  Representatives  (24). 
Under  this  clause  of  the  Constitution  Congress  could  doubt- 
less provide  for  an  almost  complete  control  of  the  election 
of  Representatives,  but  it  has  refrained  from  using  its 
power  to  the  fullest  extent.  It  has  been  content  merely 
to  appoint  a  day  on  which  the  elections  of  Representatives 
shall  be  held,  to  limit  the  campaign  expenditures  of  fed- 
eral candidates,  and  to  require  the  division  of  the  States 
into  Congressional  districts,  leaving  all  other  matters  to  the 
State. 

Registration.  The  real  work  of  preparation  for  election 
day  is  accomplished  by  the  voluntary  action  of  political 
parties.  One  step  in  the  work  of  preparation,  however,  is 
taken  under  the  direction  of  government.  This  is  the 
registration  of  voters. 

All  the  States  but  two  provide  for  a  system  of  registra- 
tion, by  which  the  qualifications  of  those  who  wish  to  vote 
are  ascertained  several  weeks  before  election  day.  When 
a  person  who  has  been  duly  registered  presents  himself  at 
the  polls  as  a  voter,  the  election  officials,  with  the  registra- 
tion book  before  them,  have  little  trouble  in  satisfying  them- 
selves of  his  right  to  vote. 

The  Casting  and  Counting  of  the  Ballots.  In  nearly  every 
State  the  first  Tuesday  after  the  first  Monday  in  Novem- 
ber is  general  election  day.  On  this  day  the  voters  repair 
to  the  polls,  to  elect  whatever  officers  are  to  be  elected,  and 
to  vote  upon  any  questions  that  may  be  referred  to  the 
people.     For    convenience,    counties    and    cities   are    sub- 


360  THE  AMERICAN  DEMOCRACY 

divided  into  election  districts  or  precincts,  a  precinct  usu- 
ally containing  several  hundred  voters.  The  election  is 
conducted  by  the  election  officers  of  the  district,  judges 
(moderators),  and  clerks,  v^^ho  are  either  elected  by  popu- 
lar vote,  or  are  appointed  by  a  duly  constituted  authority, 

The  voting  goes  on  during  the  hours  of  daylight,  and  in 
most  of  the  States  is  conducted  according  to  the  Australian 
system.  The  voter  enters  a  little  booth  and  prepares  his 
ballot  while  alone.^  He  makes  a  cross  mark  opposite  each 
of  the  names  of  the  candidates  for  whom  he  wishes  to  vote, 
folds  his  ballot  in  such  a  way  that  no  one  can  see  how  he 
has  voted,  and,  coming  out  from  the  booth,  hands  the  ballot 
to  an  election  officer,  who,  in  the  presence  of  the  other 
officers,  and  in  the  presence  of  the  voter,  drops  it  into  the 
ballot-box.  Thus  the  voter,  if  he  desires  to  do  so,  can  cast 
his  ballot  in  perfect  secrecy.  In  many  States  a  voter  who 
is  unavoidably  absent  from  his  voting  precinct  on  election 
day  is  permitted  to  send  his  vote  by  mail  and  have  it  law- 
fully counted. 

The  counting  of  the  votes  begins  in  the  evening,  imme- 
diately after  the  polls  are  closed.  The  results  of  the  elec- 
tion in  the  several  precincts  are  sent  to  certain  county  (or 
city)  officers,  who  determine  the  results  of  the  vote  in  the 
entire  county  and  issue  certificates  of  election  to  the  suc- 
cessful candidates.  When  State  officers,  or  congressmen, 
or  circuit  judges,  or  presidential  electors  are  voted  for, 
county  authorities  send  the  results  of  the  vote  in  the  several 
counties  to  State  officers,  who  determine  the  general  result 
and  issue  certificates  to  the  successful  candidates. 

Protecting  the  Ballot-Box  from  Corrupt  Practices.    In  the 

polling-booth  the  people  either  justify  their  right  to  rule 
or  they  stamp  democracy  as  a  failure.  For  this  reason 
the  election  should  be  the  purest  of  political  institutions. 
Election  officers  should  be  men  of  the  highest  character,  and 

1  In  several  States  voting  machines  have  made  their  appearance  and  are  used 
to  a  limited  extent. 


Hr>l.  If  vmt  Aeixn  to  roM  a  «traij;ht  party  tlckot,  atatce  •  orom  X  mark  in  tho  circle  on  ihd  ticket  jrnii  tfiah  f$ 
•Ota  And  nowFioro  else  on  the  ballot.  ^ 

Sernihl.  If  yon  prefer  not  to  vote  a  straiglit  party  tickM,  but  «i«h  to  vote  for  a  in&jority  of  th«i  candidatea  on  any 
|mrty  ticket,  nisike  a  cross  X  mark  in  the  circle  as  before,  and  tlicn  make  a  crosa  X  niark  in  th«  ii^usrv  to  (ho  nght  of 
the  names  of  nurh  other  candidates  as  yOii  wish  to  vote  for,  found  under  any  other  p:ir(y  nanu. 

Thinl.  If  you  prefer  not  to  vote  any  party  ticket,  then  make  the  cross  X  mark  in  the  iqaara  to  (he  right  of  the 
fianics  of  sucli  cnixlidates  as  you  wish  to  vot«  for  and  nowhere  else  on  the  ballot. 

Foufllf  If  you  desire  to  vote  for  a  name  not  on  th^  ballot,  write  the  name  m  the  blank  columo  and  make  • 
cross  X  mark  in  tlie  square  to  the  right  of  such  name. 

(f  you  tear,  deface  or  wrongly  mark  this  ballot,  return  -it  to  the  judges  and  receive  another. 


I  desire  to  vote  a  straiglit 
Republican  ticket,  as  shown 
b^  the  cross  X  mark  in  the 
circle  thereon,  except  as 
otherwise  indicated  by  the 
cross  X  mark  opposite  the 
names  of  otiier  candidates 
elsewhere  on  the  ballot 


o 


REPUBLICAN  TICktT. 


THEODORE  ROOSEVELT. 


desire  to  vote  a  straight 
Democratic  ticket,  as  shown 
by  the  cross  X  mark  in  the 
circle  thereon,  except  as 
otherwise  indicated  by  the 
cross  X  mark  opposite  the 
names  of  other  candidates 
elsewhere  on  the  ballot. 


o 


tmrn^kjit  vom. 


ALTON  a  PARKKB. 


HENRY  OA88AWAY  DAVIS. 


X  litem  to  vote  a  straight 
SoCfUist  ticket,  aa  ahown 
b^  (he  cross  X.mark  in  the 
circle  thereon,  except  as 
otherwise  indicated  1>y  th* 
cross  X  mark  oppoaite  th* 
names  of  other  candidates 
elsewhere  on  the  ballot 

o 


SOCIALIST  TICKir. 


EUOENB.V.  DEBS. 


For  PnaideotiKi  RlmaTl 


BLANK  COLUMN. 


I  And  amlinuing  In  like  mii »  Kir  a 


BTATE  TICKET. 


8TATZ  TICKET. 


STATE  TICKET. 


For  Jutticee  of  8uprem«  Court 
lor  a  term  of  tii  y«»r«. ' 
WILLIAM  R.  SMITH. 


For  JnstloMot  Supreme  Court  ___ 
forstemiotvijesn,  pi 
STEPHEN  H    ALLEN.        I I 


D 


DAVID  M.  DALE. 


GRANVILLE  LOWTHEK. 


DAVID  J.  IIANNA. 


D 


JOHN&rvKKS. 


D 


coMinuinoi'*  ti 
I  oandUiSm  o» 


?<^' 


C0UN1Y  TICKET. 


..astbDtat.,  I — I 
KO.  I I 


D 


No  Nomination. 


COUNTY  TICKET. 


COUNTY  TICKET. 


itaUtt.  Hth  Diet,    r~1 
H.  »l<  KINNI&       LJ 


THOMAS  HILL. 


88UlDi.t„    I 
LL.  L_ 


O.  E.  COURSEN. 


And  oontinuinffi' 


D 


COUNTY  TICKET. 


Pof  BapnMoUtin. 


88th  DIM..    r~| 


A   SAMPLE  BALLOT  FOR  A  GENERAL  ELECTION 


ELECTIONS  361 

election  laws  should  be  the  embodiment  of  justice  and  fair- 
ness. Corrupt  practices  at  elections  should  be  punished 
with  the  greatest  severity,  for  a  fraud  upon  the  ballot- 
box  is  treason  to  democracy  and  should  incur  a  penalty 
suitable  to  so  great  a  crime. 

In  almost  every  State  there  are  laws  for  preventing  cor- 
rupt practices  at  elections.  A  corrupt  practice  em- 
braces illegal  voting,  or  any  act  that,  in  practice  or  design, 
tends  to  hinder  or  improperly  influence  an  elector  in  the 
exercise  of  his  right  of  franchise,  so  that  his  judgment  is 
perverted  and  he  fails  to  cast  his  vote  in  accordance  with 
his  desires.  Among  the  practices  designed  as  corrupt  is 
illegal  voting.  Nearly  all  the  States  punish  those  who 
register  or  vote  when  they  are  not  qualified  electors,  or 
who  vote  more  than  once,  or  who  vote  under  an  assumed 
name. 

Another  corrupt  practice  is  intimidation.  In  most  of  the 
States  it  is  illegal  to  attempt  to  control  the  vote  of  an 
elector  or  to  prevent  its  being  cast.  Many  States  attempt 
to  prevent  employers  from  controlling  the  votes  of  their 
employees.  Thus,  in  Missouri,  New  Jersey,  Ohio,  and 
Washington,  it  is  a  penitentiary  offense  for  an  employer  to 
intimidate  his  employees  in  such  a  manner  as  to  prevent 
them  from  voting  in  accordance  with  their  real  inclina- 
tions. Then,  too,  it  is  a  corrupt  practice  to  expend  money 
during  a  campaign  in  a  lavish  and  improper  manner. 

In  some  of  the  States  the  law  specifies  what  expenditures 
are  legal  and  what  are  illegal.  Legal  expenditures  con- 
sist, in  general,  in  the  personal  traveling  and  hotel  ex- 
penses of  the  candidate,  and  in  the  expenses  of  printing, 
advertising,  telegraphing,  and  the  like.  Illegal  expendi- 
tures are  such  as  relate  to  bribery,  the  treating  and  enter- 
taining of  electors,  and  betting  upon  the  result  of  elections. 
In  order  to  secure  publicity,  candidates  are  in  many  States 
required  to  make  public  an  itemized  statement  of  the  amount 
of  money  spent  for  election  purposes.  If  more  has  been 
spent  than  is  permissible  by  law,  the  candidate  is  liable  to  a 


362  THE  AMERICAN  DEMOCRACY 

fine  and  imprisonment.  Candidates  for  election  to  either  of 
the  branches  of  Congress  are  required  to  make  statements 
showing  the  amount  of  money  they  received  for  election 
purposes  during  their  campaign,  and  also  the  amount  of 
their  disbursements.  In  the  case  pf  a  member  of  the  House 
of  Representatives  the  expenses  must  not  be  more  than  $5,- 
000 ;  in  the  case  of  a  Senator  they  must  not  be  more  than 
$10,000. 

Bribery.  The  most  persistent  and  dangerous  enemy  of 
honest  elections  is  the  bribe-giver.  Bribery  is  as  old  as 
selfishness  and  ambition.  Because  the  sons  of  Samuel  took 
bribes  (b.  c.  1,100)  ancient  Israel  was  hurried  into  mon- 
archy. Pretorian  guards  of  Rome,  seduced  by  gold,  raised 
a  usurper  to  the  imperial  throne  (193  a.  d.),  and  at  once 
the  glory  of  the  greatest  empire  the  world  has  seen  began 
to  grow  less.  Ill  England  bribery  increased  with  the 
growth  of  representative  government,  and  in  Shakespere's 
time  it  was  causing  the  hands  of  Englishmen  ''to  shrink 
up  like  withered  shrubs."  Parliament  enacted  laws 
against  bribery  at  an  early  date,  but  the  laws  were  out- 
witted. Homely  verses  written  two  hundred  years  ago  de- 
clare the  truth,  that  mere  legislation  will  not  prevent 
bribery : 

The  Laws  against  Bribery  provision  may  make, 
Yet  means  will  be  found  both  to  give  and  to  take; 
While  charms  are  in  flattery,  and  power  in  gold, 
Men  will  be  corrupt  and  Liberty  sold. 

In  America,  as  in  England,  bribery  has  been  fought  in 
all  the  ways  known  to  law-makers.  In  some  States  penal- 
ties against  bribery  are  stated  in  the  constitution ;  in  others 
stringent  acts  for  the  prevention  of  corrupt  practices  at 
elections  have  been  enacted.  In  all  the  States  bribery  is 
punishable  as  a  crime,  and  in  a  few  States  the  bribe-giver 
is  made  equally  criminal  with  the  bribe-taker.  A  civil  of- 
ficer of  the  United  States  convicted  of  bribery  is  removed 
from  office  (104). 


ELECTIONS  363 

Besides  the  opposition  that  government  has  directed 
against  it,  bribery  is  the  object  of  much  moral  crusading. 
Anti-bribery  societies  exist  for  the  purpose  of  prosecuting 
and  convicting  bribe-givers  and  bribe-takers;  candidates 
offer  themselves  for  election  on  anti-bribery  platforms ;  the 
pulpit  denounces  bribery  as  bitterly  as  it  was  denounced 
by  the  prophets  of  old;  the  press  exposes  bribery  and 
heaps  scorn  upon  the  guilty. 

The  fact  that  bribery  thrives  here  and  there  in  spite 
of  law  and  public  sentiment  should  not  discourage  the  op- 
ponents of  the  evil.  Bribery,  like  some  other  kinds  of 
crime,  is  an  ever-present  foe,  and  the  fight  against  it  must 
go  on  and  on.  We  must  not  make  the  mistake  of  thinking 
that  legislation  and  denunciation  and  opposition  are  of 
no  use,  for  they  are  of  the  greatest  use.  If  it  were  not 
for  anti-bribery  laws  and  anti-bribery  movements,  if  it 
were  not  for  the  ceaseless  fight  against  bribery,  the  elec- 
torate would  suffer  an  undermining  at  the  hands  of  the 
bribe-giver  that  would  doubtless  lead  to  our  downfall. 

Questions  on  the  Text 

1.  Why  should  the  practice  of  holding  elections  at  short  intervals 
be  continued? 

2.  Under  what  authority  are  elections  held?  To  what  extent 
does  the  federal  government  have  authority  over  elections? 

3.  What  are  the  purposes  of  registration? 

4.  Describe  the  usual  method  of  casting  and  counting  votes. 

5.  Name  some  of  the  things  that  are  dealt  with  by  the  corrupt 
practices  acts. 

6.  What  can  you  say  of  the  persistence  of  bribery  in  the  history 
of  politics?  How  does  government  deal  with  bribery?  Why  should 
the  fight  against  bribery  be  continued? 

Suggestive  Questions  and  Exeecises 

1.  What  does  the  constitution  of  this  State  say  about  elections? 
What  does  it  say  about  bribery? 

2.  Should  candidates  for  public  office  be  compelled  to  give  an  ac- 
count of  their  election  expenses? 

3.  How  much  better  is  the  bribe-taker  than  the  bribe-giver? 

4.  Bring  into  the  class  for  examination  a  ballot  used  at  a  re- 
cent election. 


364  THE  AMERICAN  DEMOCRACY 

5.  Name  something  that  you  as  an  individual  can  do  to  assist  in 
preventing  bribery. 

6.  What  are  the  regulations  in  this  State  in  reference  to  regis- 
tration ? 

7.  The  Short  Ballot.  Many  reformers  urge  the  adoption  of  the 
"short  ballot"  at  elections.  Where  the  "short  ballot"  prevails,  only 
the  most  important  offices  are  made  elective,  and  only  very  few 
offices  are  filled  by  election  at  one  time.  The  purpose  of  the  "short 
ballot"  is  to  enable  the  voter  to  examine  his  ticket  and  make  an  in- 
telligent choice  of  candidates.  What  are  the  merits  of  the  "short  bal- 
lot" ? 

8.  In  one  of  the  States  the  person  receiving  a  bribe  is  subjected 
to  a  penalty,  but  the  one  giving  the  bribe  is  specifically  exempt 
from  any  punishment  whatever.     Is  this  a  good  way  to  fight  bribery? 

9.  Give  the  dates  for  the  holding  of  elections  in  this  State. 

Topics  fob  Special  Work 

1.  The  Short  Ballot:  Reinsch,  372-382;   Jones,  225-232. 

2.  Campaign  Expenditures  and  Publicity:  Jones  314-319. 

3.  The  Conduct  of  Elections:  Holcombe"  205-239. 

4.  Bribery  Laws:  Reinsch,  428-432. 

6.  A  Corrupt  Practices  Act:     Kaye,  513-518. 


XLV 
EDUCATION 

In  all  enlightened  countries  governments  have  found  it  wise 
either  to  supervise  more  or  less  closely  or  to  control  altogether  the 
education  of  youth.  So  generally  is  this  true  that  education  has 
come  to  be  regarded  as  a  normal  function  of  government.  What 
place  does  public  education  hold  in  the  life  of  the  American  people? 
By  what  governmental  agencies  are  the  schools  controlled?  How 
are  they  supported?  In  what  direction  is  there  need  for  educational 
reform  ? 

Democracy  and  the  Public  School  System.  The  growth 
of  popular  education  in  the  United  States  has  been  coinci- 
dent with  the  growth  of  democracy.  During  the  colonial 
period,  in  several  of  the  colonies  encouragement  and  aid 
were  given  to  public  schools,  but  the  masses  of  children  were 
not  reached.  It  was  not  until  the  people  began  to  come  for- 
ward as  the  real  masters  of  government  that  provision 
was  made  for  the  education  of  all  the  children  of  a  com- 
munity. As  democracy  grew  stronger  public  schools  be- 
came more  numerous,  and  at  last  it  became  the  policy  of 
every  State  to  furnish  free  of  charge  an  elementary  edu- 
cation to  every  child  within  its  borders.  The  movement 
for  the  education  of  the  masses  has  met  with  astonishing 
success.  There  are  to-day  in  the  public  schools  of  this  land 
more  than  twenty  millions  of  children  preparing  for  the 
duties  of  citizenship  under  the  guidance  of  more  than  three 
fourths  of  a  million  of  teachers,  at  an  annual  expense  of 
more  than  a  billion  of  dollars. 

Public  Education  Controlled  by  the  State.  Nothing  is 
said  in  the  Constitution  about  education.  The  States  re- 
served to  themselves  the  management  of  their  schools.     In 

365 


366  THE  AMERICAN  DEMOCRACY 

the  constitution  of  each  State  provision  is  made  for  a  pub- 
lic-school system.  This  provision  is  usually  made  in  the 
broadest  terms.  The  constitution  of  Massachusetts, 
adopted  in  1780,  declared  that  "wisdom  and  knowledge  as 
well  as  virtue,  diffused  generally  among  the  body  of  the 
I>eople,  being  necessary  for  the  preservation  of  their  rights 
and  liberties,  and  as  these  depend  upon  the  opportunities 
and  advantages  of  education,  ...  it  shall  be  the  duty  of 
the  legislature  and  magistrates  in  all  future  periods  of  this 
commonwealth  to  cherish  the  interests  of  literature  and  the 
sciences  and  all  the  seminaries  of  them;  especially  the 
University  of  Cambridge,  public  schools  and  grammar 
schools  in  the  towns."  Upon  this  broad  constitutional 
foundation  a  magnificent  and  elaborate  public-school  sys- 
tem, was  slowly  reared.  The  more  recent  constitutions  are 
occasionally  somewhat  specific  in  reference  to  education, 
yet  as  a  rule  their  language  is  broad  and  general,  like  that 
of  the  constitution  of  Massachusetts.  It  is  a  settled  policy 
to  leave  the  details  of  education  to  the  legislature. 

Education  a  Local  Affair.  As  it  has  been  the  custom  of 
constitutions  to  leave  the  details  of  educational  policy  to 
the  legislature,  so  it  has  been  the  custom  of  the  legislature 
to  leave  the  details  of  school  management  to  the  local  gov- 
ernment. The  legislature  usually  passes  a  general  school 
law  which  provides  for  the  election  or  appointment  of  cer- 
tain school  officers,  and  states  in  general  terms  the  powers 
and  duties  of  these  officers.  The  State  law  may  further 
prescribe  the  qualifications  of  teachers,  and  specify  the 
manner  in  which  text-books  shall  be  furnished  to  pupils,  the 
branches  that  shall  be  taught,  the  limits  of  the  tax  that  may 
be  levied  for  school  purposes,  and  the  ages  between  which 
children  must  attend  school ;  for  in  most  of  the  States  edu- 
cation is  compulsory.  Further  than  this  the  legislatures 
usually  do  not  choose  to  go  in  their  control  of  the  schools; 
they  are  content  to  leave  many  things  to  be  attended  to 
by  the  local  authority. 


EDUCATION  367 

In  most  of  the  States  school  management  is  a  separate 
and  distinct  branch  of  public  service.  School  officers  are 
independent  of  other  public  officers,  school  elections  are  held 
on  special  days,  school  taxes  are  levied  and  collected  dis- 
tinct from  other  taxes.  This  is  not  always  the  case,  but, 
speaking  generally,  school  government  is  decentralized  and 
local.  Each  community  is  permitted  to  manage  its  schools 
pretty  much  in  its  own  way. 

The  School  District.  The  school  systems  of  no  two  States 
are  precisely  alike,  and  even  within  the  same  State  there 
are  sometimes  several  plans  of  school  government  in  opera- 
tion. Everywhere,  however,  there  is  a  unit  of  school  gov- 
ernment, which  we  may  conveniently  designate  as  the 
school  district.  This  district  may  be  a  small  rural  area, 
within  which  there  is  but  one  school-house  and  one  teacher ; 
it  may  be  a  township  with  several  schools ;  it  may  be  a  city 
with  numerous  schools.  In  each  district  there  is  a  govern- 
ing body  known  by  different  names  in  different  States,  but 
most  frequently  called  the  school  board. 

The  local  board  usually  has  large  powers  of  control.  It 
appoints  teachers,  locates  and  erects  school  buildings,  makes 
rules  for  the  guidance  of  teachers  and  pupils,  selects  the 
text-books,  and  sometimes  prescribes  a  course  of  study. 
In  many  States  the  officers  of  the  district  fix  the  rate  of 
taxation  that  is  levied  for  school  purposes.  In  the  exer- 
cise of  these  important  functions  they  are  limited  and  re- 
strained at  certain  points  by  State  law,  but  very  frequently 
these  limitations  and  restraints  do  not  bear  heavily  upon 
them. 

School  Supervision.  In  addition  to  the  regular  teaching 
force,  there  is  maintained  an  elaborate  system  of  super- 
intendence. In  the  county  there  is  the  county  superin- 
tendent (p.  185)  ;  in  the  city,  the  city  superintendent;  in 
the  State,  the  officer  usually  known  as  the  Superintendent 
of  Public  Instruction  (p.  166).     The  powers  of  the  county 


368  THE  AMERICAN  DEMOCRACY 

superintendent  and  of  the  State  Superintendent  are,  for 
the  most  part,  chiefly  of  an  advisory  nature,  although  in 
some  cases  the  county  superintendent  and  the  State  super- 
intendent are  clothed  with  some  substantial  powers  of  con- 
trol. In  the  case  of  the  town  or  city  superintendent, 
school  superintendence  means  a  control  that  is  quite  close 
and  complete.  When  a  town  or  a  city  has  its  own  super- 
intendent, the  supervision  of  the  county  superintendent 
does  not,  as  a  rule,  extend  to  the  schools  of  the  town  or  city. 
The  spirit  of  local  self-government,  which  is  so  strong  when 
manifesting  itself  in  school  matters,  makes  it  difficult  for 
the  superintendent  from  the  outside  to  exercise  real  power 
within  the  district. 

Common  Schools,  High  Schools,  Universities,  and  Nor- 
mal Schools.  The  State  first  provides  for  a  system  of  com- 
mon schools,  in  which  the  fundamental  branches  may  be 
taught.  The  curriculum  of  these  schools  includes  reading, 
spelling,  writing,  arithmetic,  grammar,  geography,  and  his- 
tory. Above  the  common  schools  there  is  in  every  State 
^a  system  of  high  schools,  in  which  pupils  may  receive  in- 
struction in  the  natural  sciences,  in  literature,  history,  and 
civics,  in  the  higher  mathematics,  and  in  the  ancient  and 
modem  languages.  To  crown  its  educational  system  the 
State  frequently  maintains  a  university  which  its  youth 
may  attend  without  charges  for  tuition.  To  provide  a  sup- 
ply of  competent  teachers  for  its  common  schools  the  State 
usually  supports  one  or  more  normal  schools.  In  Penn- 
sylvania there  are  thirteen  State  normal  schools. 

Educational  Activities  of  the  Federal  Government.    In  the 

Constitution  of  the  United  States  not  a  word  is  said  about 
education.  This  silence,  however,  has  not  prevented  the 
government  at  Washington  from  engaging  in  a  number  of 
educational  activities.  Under  its  power  to  provide  for  an 
efficient  army  and  navy  (57)  the  federal  government  sup- 
ports and  controls  two  great  training  schools,  the  Military 


EDUCATION  369 

Academy  at  West  Point  and  the  Naval  Academy  at  An- 
napolis. In  addition  to  these,  it  maintains  at  Washington 
an  Army  War  College  for  advanced  military  students,  and 
at  Newport,  Rhode  Island,  a  Naval  War  College  for  ad- 
vanced naval  students.  It  also  supports  the  Indian  schools 
and  maintains  a  supervision  over  the  educational  systems 
of  our  insular  possessions. 

Although  the  federal  government  has  little  to  do  with  the 
actual  administration  of  schools  it  nevertheless  does  much 
in  an  indirect  way  to  promote  educational  interests 
throughout  the  country.  For  a  great  many  years  money 
has  been  taken  from  the  national  treasury  for  the  sup- 
port of  first  one  and  then  another  form  of  education.  Con- 
gress has  encouraged  higher  education  in  the  State  by 
generous  grants  of  the  public  lands.  It  has  been  estimated 
that  more  than  twenty  millions  of  acres  of  federal  public 
lands  have  been  devoted  to  State  colleges  of  agriculture  and 
the  mechanic  arts.  The  total  annual  appropriations  made 
by  Congress  for  the  support  of  agricultural,  mechanical, 
and  vocational  education  exceed  $6,000,000. 

The  most  extensive  educational  interests  of  the  federal 
government,  outside  of  military  training,  lies  in  the  direc- 
tion of  vocational  education.  In  1917  Congress  enacted  a 
law — the  Smith-Hughes  Act — ^providing  for  the  promotion 
of  vocational  education,  and  the  cooperation  of  the  federal 
government  with  the  States  in  the  preparation  of  teachers 
in  vocational  subjects,  the  money  appropriated  by  this  act 
to  be  used  in  paying  the  salaries  of  teachers  of  agricultural 
subjects  and  of  home  economic  subjects.  The  appropria- 
tions for  carrying  out  the  law  rise  annually  until  1926, 
when  the  sum  of  $4,000,000  will  be  available.  Every  sum 
of  money  contributed  by  the  federal  government  must  be 
matched  by  an  equal  amount  contributed  by  the  State. 
The  execution  of  the  law  is  given  to  a  Federal  Board  for 
Vocational  Education,  consisting  of  the  Secretaries  of 
Agriculture,  Commerce,  and  Labor,  and  three  other  per- 
sons appointed  by  the  President.     The  Federal  Board  co- 


370  THE  AMERICAN  DEMOCRACY 

operates  in  each  State  under  some  State  agency  of  pub- 
lic education.  This  Board  is  also  charged  with  the  vo- 
cational training  and  the  rehabilitation  of  men  disabled  in 
the  military  or  naval  forces,  after  their  discharge  from 
military  service. 

The  chief  educational  officer  of  the  federal  government 
is  the  Commissioner  of  Education,  who  has  charge  of  the 
Bureau  of  Education,  a  subdivision  of  the  Department  of 
the  Interior.  Owing  to  the  fact  that  the  educational  func- 
tion is  a  State  affair,  the  duties  of  the  national  Commis- 
sioner of  Education  are  confined  almost  entirely  to  the  col- 
lection and  publication  of  educational  statistics  and  to  the 
dissemination  of  educational  literature.  This  federal 
bureau,  however,  has  charge  of  the  education  of  the  natives 
of  Alaska. 

Educational  Reform.  The  American  public-school  system 
is  one  of  which  any  nation  might  well  be  proud,  for  our 
schools  beyond  doubt  are  among  the  very  best  in  the  world. 
Yet  there  is  room  for  improvement.  Indeed,  in  two  direc- 
tions at  least  there  is  a  pressing  need  for  reform.  In  the 
first  place,  our  schools  are  not  reaching  all  children  of 
school  age.  In  many  communities — and  they  are  not  con- 
fined to  one  section  of  the  country — illiteracy  is  rampant. 
Millions  of  children  have  been  allowed  to  grow  up  with- 
out even  having  learned  how  to  read,  with  the  result  that 
we  have  in  our  midst  millions  of  men  and  women  who  have 
no  means  of  access  to  the  thought  and  impulses  of  our 
country,  and  who  are  poor  workers  and  poorer  citizens  be- 
cause of  their  ignorance,  a  menace  to  themselves  and  their 
neighbors. 

In  the  second  place,  our  schools  are  suffering  because  the 
salaries  of  teachers  are  too  low.  The  service  rendered  by 
the  teacher  is  of  the  highest  social  value,  and  the  qualifica- 
tions required  for  teaching  can  be  met  only  by  well  trained, 
educated  men  and  women.  Yet  the  compensation  of 
teachers  is  often  smaller  than  that  received  by  unskilled, 


EDUCATION  371 

uneducated  workers.  As  the  result  of  low  salaries, 
teachers  by  the  hundreds  of  thousands  have  recently  left 
their  desks  to  take  positions  where  the  pay  is  better.  In 
a  vast  majority  of  cases  the  vacancies  were  filled,  of  course, 
by  teachers  whose  qualifications  were  not  up  to  the  mark. 
In  truth,  in  thousands  of  cases  the  vacancies  were  not  filled 
at  all,  because  the  salaries  offered  failed  to  attract  teachers 
of  any  kind,  good  or  bad.  Thus  the  effect  of  low  salaries 
was  not  only  to  lower  the  tone  of  the  school  but  actually  to 
close  the  doors  of  school-houses. 

There  should  be  no  delay  in  remedying  these  two  evils. 
Illiteracy  should  be  promptly  stamped  out.  For  school- 
houses  in  America  are  as  important  as  armies  and  navies. 
In  a  democracy  the  very  life  of  the  nation  is  dependent 
upon  the  intelligence  of  the  masses.  And  those  who  train 
the  young  for  a  virtuous  and  intelligent  citizenship  should 
be  well  paid.  Otherwise  the  schools  will  fall  into  the 
hands  of  bunglers  and  the  nation  will  suffer  irreparable 
loss. 

Questions  on  the  Text 

1.  Trace  the  growth  of  popular  education  in  the  United  States. 

2.  Where  is  the  authority  for  public  education  located?  How 
do  State  constitutions  usually  treat  the  subject  of  education? 

3.  What  is  the  attitude  of  the  legislature  toward  the  manage- 
ment of  the  schools?  To  what  extent  does  the  legislature  control 
the  schools? 

4.  Tell  what  you  can  about  the  school  district.  What  are  the 
powers  of  the  school  officers  of  this  district? 

5.  Name  the  several  supervising  officers  of  a  school  system. 
When  does  the  superintendent  really  control  in  school  affairs? 

6.  Give  an  account  of  the  manner  in  which  public  schools  are 
supported. 

7.  Describe  each  of  the  several  grades  of  schools  supported  at 
the  public  expense. 

8.  Give  an  account  of  the  educational  activities  of  the  federal 
government.  What  are  the  duties  of  the  United  States  Commis- 
sioner of  Education? 

9.  In  what  two  directions  is  there  need  for  educational  reform? 

Suggestive  Questions  and  Exercises 

1.  Does  the  constitution  of  this  State  provide  for  free  schools? 
Does  it  specify  in  reference  to  taxation  for  the  support  of  schools? 


372  THE  AMERICAN  DEMOCRACY 

in  reference  to  the  length  of  the  school  term?  in  reference  to  the 
subjects  to  be  taught?  in  reference  to  the  age  of  children  who  may 
attend  ? 

2.  Are  children  in  this  State  compelled  by  law  to  attend  school? 
If  so,  state  whether  the  law  is  effective  or  not.  If  there  is  no 
compulsory  law,  state  the  reasons  for  and  against  the  enactment 
of  such  a  law. 

3.  Is  a  State  school  tax  levied  in  this  State?  If  so,  how  much 
revenue  does  it  yield?  How  much  per  pupil  is  expended  on  educa- 
tion in  this  State?  Compare  this  with  the  amount  expended  in  ad- 
joining States. 

4.  What  is  the  governing  body  of  this  school  district  called? 
How  is  it  chosen?  What  are  the  names  of  its  members?  Make  out 
a  list  of  its  powers. 

5.  Bound  this  school  district.  How  many  pupils  are  within  it? 
How  much  money  is  expended  for  education  within  this  district? 
How  much  is  this  per  pupil?  Is  this  above  or  below  the  average 
in  this  State?  Do  the  people  of  the  district  elect  the  school  officers? 
Do  they  contribute  the  greater  part  of  the  taxes  that  go  to  the  sup- 
port of  the  schools? 

6.  What  does  the  school  do  for  you  as  an  individual?  What  does 
it  do  for  society?     What  does  it  do  for  government? 

7.  Make  out  a  list  of  the  duties  that  pupils  owe  to  a  school;  a 
list  of  the  duties  that  the  school  officers  owe  to  the  school. 

8.  (In  some  schools  the  faculty  makes  the  rules,  decides  who  has 
broken  a  rule,  and  punishes  the  oflfender.  In  other  schools  the  stu- 
dents organize  as  a  commonwealth,  electing  from  their  number  ( 1 ) 
a  council^  which  makes  the  rules,  (2)  a  court,  which  decides  when  a 
pupil  has*  violated  a  rule,  and  (3)  a  governor,  who  executes  the  order 
of  the  court.  In  these  schools  government  resembles  a  democracy.) 
Draw  up  a  constitution  for  the  government  of  a  school  by  its 
students,  providing  for  the  three  departments,  the  election  of  officers 
and  the  distribution  of  powers.  Should  the  terms  of  the  student 
officers  be  for  short  or  for  long  periods?  What  rules  would  be  wise 
for  the  council  to  make  in  reference  to  tardiness?  to  whispering? 
to  absence?  to  truancy?  to  cheating?  to  rudeness? 

9.  What  advantages  does  a  school  derive  from  governing  itself? 
10.  Does   government   in   the   school   prepare   for   citizenship   out- 
side of  the  school? 

Topics  for  Special  Woek 

1.  The  Educational  Lessons  of  the  Hour:  Cleveland  and  Schafer, 

212-243. 

2.  Higher  Education:   Zueblin,  211-227: 

3.  The  Government  of  State  Universities:  Reinsch,  331-336. 

4.  Education  and  Social  Progress:   Ellwood,  371-387. 

5.  Public  Education:  Gettell,  518-519. 


XLVI 

LABOR 

From  time  immemorial,  the  affairs  of  workingmen  were  a  sub- 
ject of  governmental  concern.  With  the  growth  of  the  factory  sys- 
tem and  the  advance  of  the  trade-union  movement  this  concern 
grew  deeper,  and  to-day  one  of  the  most  important  functions  of 
government  is  to  solve  problems  that  arise  in  the  world  of  labor. 
In  this  chapter  we  shall  consider  some  of  the  problems  that  have 
arisen  in  connection  with  labor  organizations.  We  shall  begin  the 
subject  by  taking  a  glance  at  the  growth  of  the  trade-union  move- 
ment. 

Growth  of  Labor  Organizations.  Workingmen 's  associa- 
tions or  trade  unions,  such  as  we  have  to-day,  had  no 
existence  before  the  latter  part  of  the  eighteenth  century. 
In  the  days  when  industry  was  in  its  simple  form  of  organi- 
zation, when  almost  every  workman  was  a  proprietor,  there 
were  few  who  could  be  classed  as  employees.  A  German 
scholar  ^  informs  us  that  in  1784  in  the  duchy  of  Magde- 
burg there  were  27,050  independent  masters  and  only  4,- 
285  assistants  and  apprentices,  and  that  about  the  same 
time  in  the  principality  of  Wiirzburg  there  were  13,762 
masters  with  2,176  assistants  and  apprentices.  That  is  to 
say,  in  more  than  five  sixths  of  the  industrial  establish- 
ments of  these  two  places  the  master  carried  on  his  work 
single-handed.  As  it  was  in  Germany,  so  it  was  in  Eng- 
land and  America  before  the  industrial  revolution:  the 
number  of  employees  was  extremely  small.  When  it  is 
remembered  that  apprentices  and  assistants  usually  lived 
in  the  home  of  the  master  and  were  treated  as  members  of 
the  family,  it  becomes  still  more  apparent  that  under  the 
old  order  of  things  there  was  no  distinct  line  of  cleavage 
between  employers  as  a  class  and  employees  as  a  class. 

1  Karl  Biicher,   Induatrial  Evolution,  p.   188. 

373 


374  THE  AMERICAN  DEMOCRACY 

The  factory  system  brought  about  a  complete  change  in 
the  industrial  condition  of  the  workman.  A  craftsman 
was  now  the  owner  neither  of  the  tools  with  which  he 
worked  nor  of  the  articles  which  his  craft  fashioned ;  he  was 
a  hired  man,  an  employee  whose  chief  industrial  interest 
was  his  wage.  It  was  to  be  expected  that  employees  would 
unite  to  advance  their  interests,  and  it  was  not  long  before 
workmen  began  to  meet  for  the  discussion  of  such  subjects 
as  wages  and  hours  of  labor.  At  first  government  handled 
these  meetings  with  a  severe  hand.  In  1799  the  English 
Parliament  passed  a  law  making  it  a  criminal  offense  to 
attend  a  meeting  the  purpose  of  which  was  to  secure  an 
advance  in  wages  or  to  shorten  the  hours  of  labor.  In  1817 
under  this  act  ten  calico-printers  in  the  town  of  Bolton 
were  imprisoned  for  three  months  for  simply  intending 
to  attend  a  meeting  at  which  the  subject  of  wages  was  to 
be  discussed.  Such  injustice,  however,  was  inconsistent 
with  the  spirit  of  democracy  which  was  at  that  time  begin- 
ning to  guide  the  conduct  of  statesmen,  and  in  1824  the 
harsh  law  of  1799  was  repealed,  and  working  men  were 
thenceforth  permitted  to  combine  for  the  promotion  of  their 
interests. 

Workingmen  now  began  to  combine,  not  only  for  the  pur- 
pose of  putting  up  wages  and  shortening  the  working  day, 
but  for  the  advancement  of  all  their  interests.  Those  en- 
gaged in  the  same  trade,  or  allied  trades,  united  in  a  per- 
manent association,  called  a  trade  union,  the  abiding  pur- 
pose of  which  was  to  promote  in  every  lawful  way  the  gen- 
eral welfare  of  the  associated  members.  Trade  unions  in 
England  at  first  did  not  have  smooth  sailing,  for  rulers 
were  at  heart  against  them;  but  they  steadily  prospered, 
and  in  1871  were  formally  recognized  by  an  act  of  Parlia- 
ment as  legal  organizations.  This  recognition  caused  them 
to  flourish  as  never  before,  and  to-day  England  is  one  of 
the  strongest  centers  of  trade  unionism  in  the  world. 

The  trade-union  movement  in  America  began  about  the 
same  time  it  began  in  England,  but  it  did  not  meet  the 


LABOR  375 

same  fierce  opposition.  Its  progress,  however,  was  not  al- 
together peaceful  and  undisputed.  For  many  years  the 
courts  were  inclined  to  regard  the  movement  with  distrust, 
and  in  more  than  one  decision  a  combination  that  aimed  to 
raise  wages  was  pronounced  to  be  an  unlawful  conspiracy. 
But  tr^de  unions  were  only  one  of  the  outgrowths  of  democ- 
racy and  were  bound  to  wax  strong  with  the  growing 
strength  of  the  people.  In  1870  New  York,  by  statute, 
legalized  the  trade  union,  and  in  recent  years  the  right  of 
workingmen  to  combine  has  not  been  seriously  questioned 
anywhere  in  the  United  States.  In  America,  law  and  pub- 
lic opinion  have  been  almost  uniformly  on  the  side  of  the 
trade  union,  and  its  growth  here  has  been  remarkable. 
More  than  five  million  workingmen  in  the  United  States 
are  enrolled  in  trade  unions. 

Aims  of  Labor  Organizations.  The  aims  of  labor  organiza- 
tions are  usually  clear  and  well  defined.  They  strive  for 
the  social  and  intellectual  as  well  as  for  the  economic  bet- 
terment of  the  working  classes.  They  want  the  working- 
man  to  receive  a  wage  that  will  enable  him  to  buy  a  fair 
share  of  the  good  things  of  life,  and  they  want  the  work- 
ing day  to  be  of  a  length  that  will  give  leisure  for  the  en- 
joyment of  the  benefits  of  education,  culture,  and  refine- 
ment. They  advocate  the  abolition  of  child  labor,  because 
they  want  the  children  to  attend  school.  They  demand 
that  work  in  factories  and  mines  be  done  under  sanitary 
conditions,  because  they  regard  the  health  of  workingmen 
as  a  matter  of  supreme  importance.  In  brief,  they  favor 
all  movements  that  tend  to  elevate  labor,  and  resist  all 
movements  that  tend  to  degrade  it. 

The  State  and  the  Workingman.  Under  our  system  the 
regulation  of  labor  is,  for  the  most  part,  an  affair  of  the 
State.  The  earlier  State  constitutions  contained  nothing 
about  labor,  because  when  they  were  framed  there  were  no 
labor   organizations    and   no    labor    problems.     In    recent 


376  THE  AMERICAN  DEMOCRACY 

years  the  constitutions  are  inserting  clauses  pertaining  to 
labor.  The  constitution  of  Wyoming  declares :  ' '  The  rights 
of  labor  shall  have  just  protection  through  law  calculated 
to  secure  to  the  laborer  proper  rewards  for  his  service  and 
to  promote  the  industrial  welfare  of  the  State. ' '  The  con- 
stitutions of  California  and  Idaho  forbid  the  employment 
of  Chinese  laborers  upon  State  or  municipal  public  works. 
The  constitution  of  North  Dakota  declares  that  every  citizen 
of  the  State  shall  be  free  to  obtain  employment  wherever 
possible,  and  forbids  the  exchange  of  blacklists^  between 
corporations.  In  Louisiana  the  constitution  forbids  the 
passage  of  any  law  fixing  the  wages  of  manual  labor. 
Numerous  other  illustrations  might  be  given  to  show  that 
the  States  are  beginning  to  introduce  the  subject  of  labor 
into  their  constitutions.  In  the  field  of  State  legislation 
the  affairs  of  workingmen  receive  a  very  large  measure  of 
attention,  as  will  be  more  fully  explained  in  the  next  chap- 
ter. 

The  recognition  of  labor  organizations  by  government  is 
becoming  quite  general.  Most  of  the  States  provide  for 
the  incorporation  of  trade  unions,  and  a  federal  law  per- 
mits national  trade  unions  to  be  incorporated,  provided 
they  have  two  or  more  branches  in  every  State  and  main- 
tain headquarters  in  the  District  of  Columbia.  Besides 
giving  them  power  to  incorporate,  several  States  have  lately 
attempted  to  protect  trade  unions  by  making  it  a  mis- 
demeanor for  an  employer  to  discharge  an  employee  for 
belonging  to  a  labor  organization.  Several  States  have  en- 
acted laws  providing  that  certain  kinds  of  public  work  shall 
be  performed  only  by  labor  unions. 

Collective  Bargaining.  It  is  through  the  labor  unions  that 
workingmen  are  enabled  to  avail  themselves  of  their  full 
strength  when  they  are  bargaining  with  their  employers 
for  wages  and  hours  of  labor.  When  a  single  workman  in 
an    establishment   employing   thousands    asks   for   higher 

1  Lists  of  persons  objectionable  to  employers. 


LABOR  377 

wages,  he  is  not  likely  to  receive  as  much  consideration  as 
would  be  shown  to  a  similar  request  coming  from  all  his  fel- 
low workmen  united  in  a  solid  body.  And  it  is  in  a  united 
compact  body  that  workmen  are  accustomed  to  make  their 
wishes  known  to  their  employers.  Under  the  trade-union 
system,  instead  of  individual  bargaining  between  employer 
and  employee,  there  is  collective  hargaining.  Representa- 
tives of  the  labor  organization  meet  the  employers,  and  there 
is  higgling  as  to  the  price  that  shall  be  paid  for  labor ;  and 
when  a  bargain  is  struck  it  binds  all  parties,  including 
every  employee  belonging  to  the  organization  and  every 
employer  who  has  been  a  party  to  the  compact.  In  some 
instances  this  collective  bargaining  is  conducted  on  a  vast 
scale;  agreements  are  entered  into  that  affect  not  only  a 
single  establishment  but  whole  industries. 

Settlement  of  Labor  Disputes.  As  long  as  collective  bar- 
gaining is  possible  there  is  industrial  peace;  but  when  it 
fails,  when  employer  and  organized  employees  fail  to  come 
to  an  agreement,  there  is  industrial  war.  In  this  war- 
fare the  chief  weapon  on  one  side  is  the  lockout:  the  em- 
ployer closes  the  doors  of  his  establishment  upon  his  em- 
ployees in  a  body  and  refuses  to  give  them  any  work  to  do. 
The  chief  weapon  on  the  other  side  is  the  strike:  the  em- 
ployees in  body  throw  down  their  tools  and  refuse  to  do 
any  work.  In  either  case,  whether  it  is  the  lockout  or  the 
strike  that  is  brought  into  use,  there  follows  a  deadlock  that 
is  destructive  of  the  friendly  feelings  that  ought  to  exist 
between  an  employer  and  his  employees.  And  their  fol- 
lows a  cessation  of  production  that  sometimes  works  in- 
jury to  millions  of  people  who  are  in  no  way  connected 
with  the  controversy.  Even  as  these  lines  are  being  writ- 
ten the  whole  country  is  suffering  because  the  bituminous 
mine  owners  and  their  employees  have  failed  to  come  to 
an  agreement  as  to  wages  and  conditions  of  employment  in 
the  mines. 

So  vast  have  been  the  losses  occasioned  by  strikes,  and 


378  THE  AMERICAN  DEMOCRACY 

so  disturbing  have  been  tbeir  effects  upon  society,  that  the 
government  has  been  moved  to  provide  means  for  their 
settlement.  In  about  three  fourths  of  the  States  there  are 
laws  providing  for  the  settlement  of  industrial  quarrels. 
Many  of  the  States  have  established  boards — called  boards 
of  conciliation  or  boards  of  arbitration — to  settle,  or  to 
serve  as  channels  for  settling,  disputes  between  employers 
and  employees.  The  steps  in  the  arbitration  proceedings 
are  as  follows:  (1)  the  dispute  is  submitted  to  a  third 
party;  (2)  an  investigation  is  made;  (3)  strikes  and  lock- 
outs are  refrained  from  during  the  period  of  the  investiga- 
tion; (4)  an  arbitration  award  is  made.^ 

The  arbitration  provided  by  law  is,  as  a  rule,  permissive 
and  voluntary.  In  some  States,  it  is  true,  the  State  board 
of  arbitration  must  cause  an  investigation  to  be  made,  and 
in  some  States  provision  for  the  enforcement  of  an  arbi- 
tration award  is  made  in  cases  where  the  representatives  of 
both  Mes  have  agreed  to  abide  by  the  decision  of  the 
board.  But  in  no  State  does  the  law  say  that  either  party 
to  the  suit  must  agree  to  abide  by  the  award.  In  no  State 
is  there  out-and-out  compulsory  arbitration.  About  all  a 
board  of  arbitration  can  do,  therefore,  is  to  inquire  into  the 
cause  of  a  dispute  or  strike,  render  a  decision  as  to  the 
merits  of  the  dispute,  and  depend  upon  the  power  of  pub- 
lic opinion  to  give  its  decision  weight. 

A  Difficult  Labor  Problem.  Can  arbitration  be  made  com- 
pulsory? After  the  several  steps  of  arbitration  have  been 
taken  and  an  award  has  been  made,  can  the  law  say  to  the 
employer:  ''This  is  the  award;  accept  it;  let  the  wheels 
of  your  factory  turn ' '  ?  Can  it  say  to  a  workman :  ' '  This 
is  the  award;  accept  it;  take  up  your  tools  and  go  to 
work"?  Here  are  questions  that  go  to  the  very  founda- 
tions of  our  social  structure.  To  compel  the  employer  to 
abide  by  the  award  and  run  his  business  in  a  manner  pre- 
scribed by  an  outsider  would  seem  to  be  doing  violence  to 

1  Principles  of  Labor  Legislation,  J.  B.  Commons  and  J.  B^  A&drews,  p.  126. 


LABOR  379 

property  rights.  For  it  would  seem  that  the  owner  of  a 
factory  has  a  right  to  say  whether  it  shall  be  kept  running 
or  not.  To  compel  the  workman  to  labor  for  wages  that  he 
has  not  agreed  to  accept  would  seem  to  be  doing  violence  to 
personal  liberty.  For  it  would  seem  that,  just  as  it  is 
the  right  of  the  employer  to  lock  the  door  of  his  factory  and 
thus  withhold  his  property  from  use,  so  it  is  the  right  of 
the  workman  to  throw  down  his  tools  and  thus  withhold  his 
property,  that  is,  his  labor.  To  deny  him  this  right  and  to 
force  labor  upon  him  would,  in  the  opinion  of  many,  be  to 
impose  upon  him  involuntary  servitude,  which  would  cer- 
tainly be  violating  the  Constitution  (149). 

The  considerations  suggested  above  give  rise  to  some  ex- 
ceedingly difficult  questions  relating  to  the  workman's 
right  to  strike.  Of  the  validity  of  this  right  there  can  be 
no  doubt  whatever:  the  strike  is  the  workman's  lawful 
weapon.  But  to  what  extent  shall  the  exercise  of  this  right 
be  carried  ?  Have  policemen  the  right  to  desert  their  posts  ? 
May  miners  throw  down  their  picks  in  the  dead  of  winter 
and  by  ceasing  to  produce  coal  cause  millions  to  freeze? 
Shall  railroad  employees  by  refusing  to  haul  trains  strangle 
transportation?  The  answer  to  the  question  about  the 
policemen  is  not  hard  to  give,  for  it  is  furnished  both  by 
the  civic  sense  of  mankind  and  by  public  opinion.  The 
policeman  is  a  part  of  the  government  itself;  he  is  the  pub- 
lic guardian  of  law  and  order ;  and  his  right  to  strike  does 
not  go  so  far  as  to  allow  him  to  expose  society  to  the  lawless 
deeds  of  criminals.  But  answers  to  the  questions  about  the 
miners  and  the  railroad  workers  are  not  easy  to  give ;  for  the 
railroads  are  not,  in  the  fullest  sense,  a  part  of  the  govern- 
mental machine,  and  the  mines  are  in  no  sense  a  part  of  it. 
But  railroads  and  mines  must  be  kept  in  operation  or  the 
people  will  starve  and  freeze.  What  shall  be  done,  then, 
when  the  right  of  the  miners  or  the  railroad  men  to  strike 
comes  into  conflict  with  the  rights  of  the  public? 

One  State    (Kansas)    has  attempted  a  solution  of  this 


380  THE  AMERICAN  DEMOCRACY 

difficult  question.  It  has  passed  a  law  that  establishes  a 
State  Industrial  Court,  which  has  supervision  over  the 
manufacture  and  preparation  of  food  products  in  any  and 
all  stages  of  the  process,  over  the  manufacture  of  clothing 
and  all  wearing  apparel,  over  all  mining  and  fuel  produc- 
tion, and  over  the  transportation  of  necessities.  Suspen- 
sion of  operation  in  such  manufactures  or  transportation 
is  declared  illegal,  and  if  a  labor  controversy  arises  threat- 
ening the  continuity  of  service,  the  Industrial  Court  may 
come  forward  and  issue  such  orders  as  may  be  necessary 
to  prevent  a  cessation  of  operations.  If  either  or  both 
parties  to  the  controversy  should  refuse  to  obey  the  court's 
orders,  the  State  is  authorized  to  step  in  and  temporarily 
take  over  the  industry  in  question  and  operate  it.  An  in- 
dustry thus  taken  over  is  ''impressed  with  a  public  in- 
terest," and  during  the  period  in  which  the  State  is  in 
control  strikes  and  lockouts  are  by  law  forbidden. 

This  Kansas  law  is  an  experiment.  It  may  succeed  or 
it  may  fail.  But,  whether  it  succeeds  or  fails,  there  can  be 
no  doubt  that  the  experiment  is  a  timely  one.  If  this  law 
fails,  other  experiments  must  be  made  until  a  way  is  found 
to  protect  the  workman  in  the  full  enjoyment  of  his  per- 
sonal liberty,  and  at  the  same  time  to  protect  the  public 
from  the  injuries  inflicted  by  a  suspension  of  basic  in- 
dustries. 

The   Federal   Government  and  the  Workingman.    The 

Constitution  is  silent  on  the  subject  of  labor.  At  the  time 
it  was  drawn  up  there  was  no  labor  problem  in  America 
and  it  was  entirely  practicable  to  leave  labor  matters 
to  be  regulated  by  State  authority.  But  in  recent  years 
the  federal  government  has  had  a  great  deal  to  do  with 
labor  matters.  In  addition  to  the  enactment  of  labor  laws 
relating  to  such  subjects  as  come  within  the  scope  of  federal 
authority.  Congress  has  established  a  number  of  govern- 
mental agencies  designed  to  foster  and  promote  the  wel- 


LABOR  381 

fare  of  wage-earners.  The  Bureau  of  Labor  Statistics, 
in  the  Department  of  Labor,  acquires  and  diffuses  among 
the  people  much  useful  information  on  subjects  connected 
with  labor.  The  Children's  Bureau,  in  the  same  Depart- 
ment, investigates  and  reports  upon  all  matters  pertain- 
ing to  the  welfare  of  children  and  child  life,  giving  es- 
pecial attention  to  the  subjects  of  infant  mortality,  orphan- 
age, dangerous  occupations,  and  child  labor.  The  federal 
Bailway  Labor  Board,  as  we  have  learned  (p.  337),  has  for 
its  aim  the  settlement  of  disputes  between  the  employees  of 
railroads  and  the  employers.  The  Secretary  of  the  federal 
Department  of  Labor  is  authorized  by  law  to  act  as  medi- 
ator, and  to  appoint  commissioners  of  conciliation  in  labor 
disputes,  whenever  in  his  judgment  the  interests  of  in- 
dustrial peace  may  require  it  to  be  done. 

Thus  the  influence  of  the  federal  government  in  the 
world  of  labor  is  already  considerable,  and  its  influence 
is  likely  to  become  greater.  For  many  difficult  labor  prob- 
lems remain  to  be  solved.  Of  those  awaiting  solution 
many  cannot  be  reached  by  the  State  because  they  are 
problems  of  an  interstate  character.  These,  of  course,  must 
receive  the  attention  of  Congress. 

Questions  on  the  Text 

1.  Give  an  account  of  the  growth  of  labor  organizations  in  Eng- 
land; in  America. 

2.  For  what  purposes  do  workingmen  combine? 

3.  To  what  extent  is  the  subject  of  labor  introduced  into  State 
constitutions  ? 

4.  What  is  collective  bargaining? 

5.  What  is  industrial  war?     How  does  war  of  this  kind   affect 
the  social  welfare? 

6.  In  what  way  have  States  attempted  to  settle  labor  disputes? 

7.  What   difficulties    stand    in    the   way   of    compulsory   arbitra- 
tion? 

8.  Discuss  the  question  of  the  workman's  right  to  strike. 

9.  In  what  way  has  Kansas  attempted  to  solve  the  problem  of 
strikes  and  lockouts? 

10.  Enumerate  the  labor  matters  that  have  been  dealt  with  by  the 
federal  government. 


382  THE  AMERICAN  DEMOCRACY 

Suggestive  Questions  and  Exercises 

1.  Does  the  constitution  of  this  State  say  anything  about  labor 
or  labor  organizations?  about  strikes  or  lockouts?  about  boycotts  or 
blacklists  ? 

2.  Is  there  a  bureau  of  labor  statistics  in  this  State?  If  so, 
secure  a  copy  of  the  last  report  of  its  chief  officers  and  find  answers 
to  the  following  questions:  What  strikes  have  occurred  in  this 
State  during  the  past  year?  What  per  cent,  of  these  were  suc- 
cessful? Were  any  of  the  strikes  settled  by  arbitration?  What  is 
the  average  daily  wage  of  workmen  in  this  State?  Is  this  average 
increasing  or  decreasing?  What  does  the  commissioner  of  the 
bureau  recommend  in  the  way  of  legislation  bearing  upon  labor 
problems  ? 

3.  Is  there  a  board  of  arbitration  in  this  State?  If  so,  secure  a 
copy  of  its  report  and  ascertain  what  it  is  doing  in  the  way  of 
settling  labor  disputes. 

4.  In  about  one  third  of  the  States  it  is  against  the  law  for  an 
employer  to  exact,  as  a  condition  of  employment,  an  agreement 
from  an  employee  not  to  become  a  member  of  a  labor  organization. 
Is  it  against  the  law  in  this  State  for  an  employer  to  exact  such  an 
agreement? 

5.  Show  how  a  strike  sometimes  affects  a  great  many  more  people 
than  the  strikers  and  their  employers.  Show  how  a  great  strike 
affects  the  business  of  the  entire  world. 

6.  If  you  were  an  employer  of  labor,  do  you  believe  you  would  be 
willing  to  sacrifice  a  little  money  for  the  sake  of  the  happiness  and 
comfort  of  your  employees?  Is  it  likely  that  the  labor  problem 
will  ever  be  satisfactorily  solved  as  long  as  both  capitalists  and 
laborers  ignore  moral  considerations  in  their  dealings  with  each, 
other? 

Topics  foe  Special  Wobk 

1.  The  Organization  of  Laborers:  Carver,  400-408. 

2.  The  Labor  Unions:  Dole,  349-367. 

3.  Labor    Organizations:   Bullock,   467-485. 

4.  Collective  Bargaining:  Commons,  91-166. 

5.  The  Labor  Problem:  Thompson,  311-329. 


XLVII 
THE  LAWS  AND  THE  WORKINGMAN 

In  the  last  chapter  it  was  stated  that  in  the  field  of  State  legis- 
lation there  are  many  laws  relating  to  the  affairs  of  workingmen. 
In  this  chapter  an  account  of  some  of  the  most  important  of  these 
labor  laws  will  be  given,  and  the  principles  that  underlie  legislation 
of  this  kind  will  be  discussed. 

Police  Power.  We  have  learned  of  the  aims  of  organized 
labor  (p.  376).  Most  of  these  aims  have  been  achieved, 
or  are  achievable,  by  legislation  that  rests  upon  what  is 
called  the  police  power  of  government.  This  power  does 
not  refer  to  the  authority  exercised  by  a  policeman  in  his 
enforcement  of  a  law.  It  refers  to  the  inherent  power 
that  a  government  possesses  ''to  take  such  action  and  to 
pass  such  laws  as  may  be  deemed  necessary  for  its  own 
protection  and  to  secure  the  safety,  comfort,  and  general 
welfare  of  its  citizens."  This  power  is  very  broad  and 
covers  an  indefinite  and  miscellaneous  range  of  subjects. 
But  it  is  not  so  broad  and  far-reaching  that  it  can  en- 
croach upon  rights  secured  or  granted  by  the  Constitution. 

The  police  power  has  been  held  to  include  quarantine 
laws,  fire  and  building  laws,  laws  for  draining  marshes, 
licensing  slaughterhouses,  excluding  paupers  and  immi- 
grants, caring  for  the  poor,  regulating  the  construction  of 
highways  and  bridges,  prohibiting  and  abating  nuisances, 
prohibiting  lotteries,  regulating  the  employment  of  women 
and  children,  ordering  the  destruction  of  infected  houses 
and  property.  Indeed,  the  police  power  covers  such  an 
immense  number  of  subjects  that  to  enumerate  them  all 
would  be  next  to  impossible. 

The  exercise  of  the  police  power  is  mainly  a  State  func- 
tion.    In  the  division  of  powers  between  the  States  and 

383 


384  THE  AMERICAN  DEMOCRACY 

tlie  federal  government,  the  safety,  comfort,  and  general 
welfare  of  the  people  are  subjects  that  are  to  be  dealt  with 
by  the  several  States.  It  is  true,  the  federal  government 
may  exercise  the  police  power  whenever,  in  the  discharge  of 
its  regular  functions,  it  may  seem  necessary  to  do  so ;  but  it 
is  rarely  that  it  does  this.  With  one  important  excep- 
tion— to  be  fully  considered  hereafter  (p.  397) — the  federal 
government,  in  accordance  with  the  spirit  of  our  political 
system,  leaves  the  police  power  in  its  integrity  to  the 
States. 

The  Laborer  is  Worthy  of  His  Hire.  One  of  the  sub- 
jects brought  within  the  range  of  the  police  power  is  the 
wages  of  workingmen.  Of  the  millions  engaged  in  gain- 
ful occupations  the  vast  majority  are  wage-earners,  and 
it  is  regarded  as  good  public  policy  for  government  to 
concern  itself  with  the  matter  of  wages.  The  laws  permit 
the  laborer  to  contract  for  whatever  wage  he  may  be  willing 
to  accept ;  he  cannot  be  compelled  to  work  for  wages  fixed 
by  another.  The  wages  earned  by  a  laborer  are  in  a 
peculiar  sense  his  own.  For  in  every  State  the  law  pro- 
vides that  wages  up  to  a  certain  amount  cannot  be  seized 
by  a  creditor.  The  amount  of  wages  thus  exempted  varies 
from  State  to  State,  running  from  $20  to  $100.  Also, 
when  the  laborer  comes  to  collect  wages  due  him,  he  finds 
himself  favored  by  the  law.  For  in  nearly  every  State 
wages  up  to  a  certain  sum  are  considered  as  preferred 
claims :  that  is,  in  the  payment  of  debts  they  must  be  paid 
first. 

In  recent  years  government,  in  its  desire  to  protect  wage- 
earners,  has,  in  some  instances,  gone  so  far  as  to  have  some- 
thing to  say  about  the  rate  of  wages  that  shall  be  paid 
to  workers.  Lawmakers,  finding  that  large  classes  of  un- 
skilled workers  are  paid  wages  far  too  low  for  decent 
self-support,  have  been  coming  to  the  relief  of  such  under- 
paid employees  by  enacting  laws  that  ^^  a  rate  below 
which  wages  shall  not  sink.     That  is  to  say,  they  have 


THE  LAWS  AND  THE  WORKINGMAN       385 

passed  minimum  wage  laws.  The  purpose  of  the  minimum 
wage  is  to  protect  unorganized  workers.  Organized 
workers,  through  the  power  of  collective  bargaining 
(p.  376),  can  usually  protect  themselves;  but  persons  out- 
side the  unions  are  often  compelled  to  engage  in  a  compe- 
tition that  is  so  fierce  that  they  are  forced  to  accept  a  wage 
too  low  for  decent  living.  Where  a  minimum  wage  law 
is  in  operation  competition  cannot  produce  this  bad  re- 
sult, for  such  a  law  fixes  a  living  wage,  that  is,  a  wage  that 
is  sufficient  for  the  "normal  needs  of  the  average  employee 
regarded  as  a  human  being  living  in  a  civilized  country." 

Minimum  wage  legislation  is  permitted  by  the  constitu- 
tions of  two  of  our  States.  In  Massachusetts,  Arkansas, 
California,  Minnesota,  Kansas,  Oregon,  Wisconsin,  Utah, 
North  Dakota,  Colorado,  Arizona,  Washington,  and  the 
District  of  Columbia  minimum  wage  laws  have  been  passed. 
But  thus  far  such  legislation  has  not  been  general  in  char- 
acter, for  it  has  been  made  to  apply  only  to  women  and 
children.  Other  countries,  however,  notably  Australia  and 
Great  Britain,  have  minimum  wage  laws  that  are  applicable 
to  both  sexes. 

What  is  the  effect  of  minimum  wage  laws?  What  re- 
sults have  they  produced?  Professor  J.  R.  Commons  an- 
swers these  questions  as  follows:  "Among  the  better  es- 
tablished results  of  minimum  wage  legislation  may  be  men- 
tioned (1)  that  it  has  raised  wages;  (2)  that  minimum 
wage  rates  do  not  in  general  tend  to  become  maximum 
rates;  (3)  that  it  does  not  necessarily  force  workers  out 
of  industry;  (4)  that  it  does  not  unduly  handicap  em- 
ployers; (5)  that  it  does  not  undermine  trade-union  or- 
ganization; and  (6)  that  it  does  not  decrease  efficiency."^ 

"Eight  Hours  for  Work;  Eight  Hours  for  Rest;  Eight 
Hours  for  What  You  Will."  Unless  there  is  a  minimum 
wage  law  standing  in  the  way,  freedom  of  contract  be- 
tween employer  and  employee  is  complete.     But  in  respect 

1  Principles  of  Labor  Legislation,  p.  196, 


386  THE  AMERICAN  DEMOCRACY 

to  hours  of  labor  this  freedom  is  somewhat  restricted.  In 
about  half  the  States  it  is  unlawful  for  children  under 
sixteen  to  be  employed  for  more  than  eight  hours  a  day. 
In  about  three  fourths  of  the  States  it  is  provided  that 
women  shall  not  be  employed  for  more  than  ten  hours  a 
day,  while  in  a  few  States  the  hour  limit  for  women  is 
fixed  at  eight  hours.  Millions  of  men  also  are  reached 
by  laws  limiting  the  hours  of  employment.  The  length  of 
the  legal  day  of  federal  employees  is  eight  hours.  More 
than  half  the  States  have  eight-hour  laws  for  employees 
engaged  on  public  works,  and  in  a  large  number  of  cities 
the  eight-hour  rule  is  applied.  Eight  hours  is  deemed  a 
day's  work  for  railroad  employees  operating  interstate 
trains.  In  some  States  the  hours  of  men  working  at  certain 
occupations  have  been  limited  by  law. 

While  the  laws  restricting  the  hours  of  labor  reach 
millions  of  workers  and  give  them  an  eight -hour  day,  men 
and  women  by  the  tens  of  millions  have  a  much  longer 
working  day — ^a  nine-hour  day,  a  ten-hour,  even  a  twelve- 
hour  day.  Yet  the  trend  of  affairs  everywhere  is  toward 
an  eight-hour  day.  The  rallying  cry  of  the  labor  unions 
is :  * '  Eight  hours  for  work ;  eight  hours  for  rest ;  and  eight 
hours  for  what  you  will."  The  movement  for  the  shorter 
work-day  is  world-wide.  One  of  the  declared  aims  of  the 
League  of  Nations  is  to  secure  the  adoption  throughout  the 
entire  world  of  an  eight-hour  day  and  one  day  of  rest  in 
each  week. 

Unemployment.  In  countless  cases  it  is  not  a  problem 
of  rest  that  confronts  the  toiler,  but  a  problem  of  getting 
work  to  do.  For  in  our  workaday,  practical  world  employ- 
ment is  a  matter  of  catch-as-you-can,  and  vast  numbers  of 
men  who  are  willing  and  able  to  work  are  unable  to  find 
jobs.  The  result  is  that  society  suffers  an  enormous  loss 
through  the  wastes  of  unemployment.  And  the  jobless 
worker  suffers  an  enormous  loss.  Besides  his  immediate 
loss  in  wages,  he  often -loses  pluck  and  courage  and  hope. 


THE  LAWS  AND  THE  WORKINGMAN       387 

A  period  of  enforced  idleness  is  a  time  of  storm  and 
stress  that  means  a  drain  upon  the  vital  forces  that  can- 
not be  measured  in  terms  of  money.  When  we  consider 
the  extent  of  unemployment  and  its  devastating  effects, 
we  are  bound  to  regard  it  as  one  of  the  greatest  evils  in 
the  industrial  world. 

As  great  as  this  evil  is,  it  is  not  one  for  which  govern- 
ment applies  a  remedy;  government  does  not  guarantee 
work  to  the  unemployed.  In  the  list  of  rights  that  be- 
long to  the  citizen  the  ''right  to  work"  does  not  appear. 
Still,  government  is  not  wholly  indifferent  to  the  needs  of 
the  unemployed.  In  many  States  it  has  been  recognized 
that  to  help  the  unemployed  to  find  work  is  a  proper  func- 
tion of  government,  and  State  employment  officers  have 
been  created  for  the  purpose  of  bringing  the  ''jobless  man 
to  the  manless  job"  without  cost  to  either  the  employer 
or  the  employee.  In  scores  of  cities,  too,  there  have  been 
established  municipal  employment  offices  whose  function 
is  to  give  information  to  persons  seeking  work  and  to 
assist  men  in  securing  it.  The  federal  government  also 
has  joined  the  movement  for  reducing  the  number  of  the 
unemployed.  The  Department  of  Labor,  through  thou- 
sands of  postmasters  and  other  federal  officers,  ascertains 
where  laborers  are  needed,  where  they  may  be  found,  and 
puts  employers  who  want  men  in  Ijuch  with  men  who  want 
work.  Congress  has  not  been  liberal  in  supporting  federal 
employment  agencies,  although  liberality  in  this  direction 
would  without  doubt  be  justified.  For  a  well-organized 
central  employment  bureau,  cooperating  with  municipal  and 
State  agencies,  would  have  an  almost  boundless  opportunity 
for  rendering  a  service  that  would  be  of  incalculable  value 
to  the  nation. 

Insurance  Against  Accidents.  In  respect  to  injuries  re- 
ceived by  employees  while  at  their  work,  the  police  power 
is  freely  used  for  the  protection  and  relief  of  the  work- 
men.    In  nearly  every  country  there  are  employers'  liabil- 


388  AMERICAN  DEMOCRACY 

ity  laws,  which  provide  for  insurance  against  occupational 
accidents  and  disease.  In  foreign  countries  laws  of  this 
kind  reach  more  than  fifty  million  wage-earners,  while  in 
the  United  States  a  very  large  portion  of  the  working 
population  is  protected  by  industrial  accident  insurance 
paid  by  employers. 

In  the  United  States  a  law  of  Congress  provides  com- 
pensation for  employees  injured  in  the  federal  service,  and 
more  than  forty  States  have  passed  employers'  liability 
laws  providing  industrial  accident  insurance.  In  some 
States  the  relief  afforded  is  small,  and  in  no  State  does 
the  compensation  law  cover  all  employments.  Usually 
agriculture  and  domestic  service  are  exempted  from  the 
provisions  of  the  act.  Nevertheless,  in  most  cases  the  em- 
ployers' liability  law  is  a  blessing  to  workmen.  For  ex- 
ample, take  the  case  of  a  man  who  meets  with  an  accident 
in  a  factory  in  Pennsylvania.  For  fourteen  days  the  em- 
ployer must  supply  necessary  first  aid,  including  medicine 
and  surgical  and  hospital  services.  If  the  accident  re- 
sults in  total  disability,  the  injured  employee  after  the 
fourteenth  day  begins  to  receive  half  of  his  pay,  and  con- 
tinues to  be  compensated  at  this  rate  for  500  weeks;  the 
compensation,  however,  must  not  be  more  than  $10  a  week 
nor  less  than  $5,  and  in  the  aggregate  it  must  not  exceed 
$4,000.  If  the  man  is  only  partially  disabled,  he  receives 
50  per  cent,  of  the  difference  between  his  wages  received 
before  the  accident  and  his  earning  power  thereafter. 
Here,  again,  the  weekly  compensation  must  not  be  more 
than  $10.  If  the  injured  man  is  permanently  disabled, 
his  compensation  is  graded  according  to  the  character  of 
the  injury.  Thus,  for  the  loss  of  a  hand  he  receives  50 
per  cent,  of  his  wages  for  175  weeks;  for  the  loss  of  an 
arm  50  per  cent,  for  215  weeks.  If  the  accident  results 
in  his  death,  his  dependents  receive  a  compensation  that 
is  specified  by  the  terms  of  the  law. 

Child-Labor  Laws.    Of  all  the  subjects  brought  within  the 


THE  LAWS  AND  THE  WORKINGMAN       389 

range  of  the  police  power,  few,  if  any,  are  of  greater  im- 
portance than  that  of  child  labor.  In  the  old  time  the 
labor  of  children  was  a  thing  with  which  government  had 
little  to  do.  If  there  were  any  laws  at  aU  on  the  subject, 
they  were  usually  passed  for  the  purpose  of  keeping  the 
boys  and  girls  employed,  the  idea  being  that  the  more  they 
worked  the  better.  When  manufactures  in  America  began 
to  flourish,  Alexander  Hamilton  approved,  one  of  the 
reasons  given  for  his  approval  being  that  manufactures 
would  render  ''children  more  useful,  .  .  .  and  more  early 
useful  than  they  would  otherwise  be."  In  these  times, 
however,  the  employment  of  little  children  is  condemned 
the  world  over,  and  everywhere  the  police  power  is  invoked 
to  protect  the  child  from  labor  that  would  be  harmful  to 
its  health  or  its  morals.  In  a  large  number  of  States 
there  are  laws  prescribing  a  minimum  age,  below  which 
children  may  not  be  legally  employed  in  any  gainful  occu- 
pation, agriculture  and  domestic  service  being  exempted 
from  the  prohibition.  In  most  States  children  under  four- 
teen years  of  age  are  excluded  from  employment  in  such 
establishments  as  factories,  mills,  and  workshops,  and  in 
such  places  as  hotels,  restaurants,  laundries,  bowling-alleys, 
and  theaters.  In  a  few  States,  as  in  Ohio  and  Michigan, 
the  minimum  age  is  fixed  at  fifteen.  A  federal  law  passed 
in  1919  has  for  its  purpose  the  prevention  of  child  labor 
by  the  exercise  of  the  taxing  power.  Under  this  law 
persons  employing  children  under  sixteen  in  mines,  or 
under  fourteen  in  factories  or  canneries,  are  compelled  to 
pay  10  per  cent,  of  their  entire  net  profits  in  addition  to 
all  their  other  taxes. 

Questions  on  the  Text 

1.  What  is  meant  by  the  police  power?  Name  some  of  the  sub- 
jects covered  by  this  power.  By  which  government  is  the  police 
power  usually  exercised? 

2.  In  what  way  does  government  concern  itself  in  respect  to 
the  wages  of  workmen?  What  is  a  minimum  wage  law?  What 
have  been  the  results  of  minimum  wage  legislation? 

3.  To  what  extent  have  our  laws  regulated  the  hours  of  labor? 
What  can  you  say  of  the  eight-hour  movement? 


390  AMERICAN  DEMOCRACY 

4.  Describe  the  evils  of  unemployment.  What  efforts  have  been 
made  by  government  to  find  jobs  for  the  unemployed? 

5.  To  what  extent  are  workmen  provided  with  insurance  against 
accident  in  foreign  countries  and  in  the  United  States?  Give  an 
account  of  the  workings  of  a  typical  employers'  liability  law, 

6.  Give  an  account  of  child-labor  legislation  in  the  United  States. 


Suggestive  Questions  and  Exercises 

1.  Does  the  constitution  of  this  State  say  anything  about  the 
wages  of  workingmen?  about  the  minimum  wage?  about  the  length 
of  the  working  day?  about  unemployment?  about  child  labor? 

2.  Up  to  what  amount  are  wages  in  this  State  exempted  from 
seizure  for  the  payment  of  debts?  Up  to  what  amount  is  a 
claim  for  wages  regarded  as  a  preferred  claim?  Is  there  a  mini- 
mum wage  law  in  this  State?  If  so,  what  is  the  minimum  rate? 
If  there  is  no  such  law,  ought  there  to  be  one?  If  so,  what  mini- 
mum rate  would  you  establish? 

3.  What  is  the  law  in  this  State  in  regard  to  a  day's  labor  for 
one  employed  upon  public  work?  What  is  the  legal  length  of  a 
working-day  for  children?  for  women?  Make  out  a  list  of  the  in- 
dustries and  occupations  in  which,  to  your  knowledge,  the  working 
day  is  eight  hours.  Frame  a  wise  and  just  law  for  the  regula- 
tion of  the  length  of  a  working  day  for  children;  for  women;  for 
men. 

4.  What  bad  effects  does  the  enforced  idleness  of  large  numbers 
of  people  have  upon  society?  What  bad  effects  upon  the  individual 
does  enforced  idleness  have?  Give  an  account  of  the  workings  of 
any  public  employment  agencies  that  may  have  been  established  in 
this  State  or  in  this  city. 

5.  Is  there  an  employers'  liability  law  in  this  State?  If  so, 
describe  fully  the  protection  it  gives  to  an  injured  workman. 

6.  Is  there  a  child-labor  law  in  this  State?  If  so,  what  is  the 
age  below  which  children  may  not  be  employed?  Enumerate  the 
losses  sustained  by  society  when  children  are  employed  at  a  ten- 
der age.     Enumerate  the  losses  sustained  by  the  child  itself. 

7.  Health  Insurance.  As  a  corollary  of  the  workman's  accident 
insurance,  a  system  of  health  insurance  for  workingmen  has  been 
proposed.  The  benefit  to  workers,  under  a  complete  scheme  of 
health  insurance,  would  consist  of:  (1)  cash  payment  of  a  part  of 
the  wages  of  workers  disabled  by  sickness;  (2)  complete  medical 
care  for  the  worker,  including  hospital  and  home  care,  and  the 
cost  of  all  medicines;  (3)  adequate  provision  for  rehabilitation,  both 
physical  and  vocational;  (4)  dental  care;  (5)  medical  care  for  the 
wives  and  dependents  of  workers.  The  cost  of  health  insurance 
would  be  shared  by  the  employer  and  the  employee  in  equal  pro- 
portion. Such  is  the  plan  of  health  insurance  recommended  by  an 
Ohio  commission  that  made  an  official  investigation  of  the  subject. 
What  do  you  think  of  the  plan  ? 


THE  LAWS  AND  THE  WORKINGMAN       391 

Topics  fob  Special  Work 

1.  Social  Insurance:  Cleveland  and  Schafer,  263-292;  Thompson, 

382-396. 

2.  Individual  Bargaining:  Commons,  35-86. 

3.  The  Human  Wage:   Commons,  167-196. 

4.  Unemployment:   Commons,  261-293. 

6.  Industrial  Accident  Insurance:   Commons,  354-382. 
6.  Regulation  of  Labor:  Gettell,   517-518. 


XLYIII 
HEALTH,  SAFETY,  AND  MORALITY 

In  the  preceding  chapter  we  learned  of  important  instances  in 
which  the  police  power  is  invoked  for  the  protection  of  workingmen. 
This  power  also  extends  to  the  regulation  of  matters  that  affect  the 
health,  safety,  and  morality  of  society.  In  this  chapter,  therefore, 
we  shall  learn  how  the  police  power  is  applied  in  matters  pertain- 
ing to  public  health,  public  safety,  and  public  morality. 

A  Word  More  About  the  Police  Power.  It  has  been  stated 
(p.  384)  that,  in  the  name  of  the  police  power,  govern- 
ment does  the  things  that  seem  necessary  to  be  done  for 
the  protection  of  society  and  for  the  promotion  of  the  gen- 
eral welfare.  An  important  thing  to  be  remembered  about 
the  police  power  is  this:  it  rests  on  the  principle  that  one 
must  use  his  own  in  such  a  way  as  not  to  injure  another. 
I  must  make  such  use  of  my  rights,  my  freedom,  my  prop- 
erty, as  will  not  interfere  with  my  neighbor  in  the  lawful 
enjoyment  of  his  rights  and  freedom  and  property.  If  a 
man,  in  order  to  strengthen  his  lungs,  shouts  lustily  in 
an  open  field  where  no  one  can  hear  him,  government  will 
not  check  him;  but  if  his  shouting  is  done  where  people 
are  disturbed  by  it,  the  police  power  may  be  interposed 
to  silence  him.  A  maker  of  dangerous  explosives  may  ply 
his  trade  in  an  isolated  building,  and  government  may  not 
interfere;  but  if  he  undertakes  to  make  such  explosives 
where  the  lives  and  property  of  others  are  thereby  put 
in  jeopardy,  the  police  power  will  be  invoked  to  prevent 
the  manufacture.  Ib'rom  its  nature,  the  police  power  will 
always  have  a  wider  field  of  action  in  a  city  than  in  a 
village,  and  in  a  village  than  in  a  farming  neighborhood. 

392 


HEALTH,  SAFETY,  AND  MORALITY         393 

Public  Health.  The  State  avails  itself  of  the  police  power 
to  preserve  and  protect  the  public  health.  In  most  of  the 
States  there  is  a  State  Board  of  Health,  which  exercises 
a  general  supervision  over  sanitary  affairs,  and  cooperates 
with  and  gives  suggestions  to  the  health  officers  of  the 
county.  One  of  the  most  important  duties  of  the  State 
Board  is  to  prevent  the  spread  of  contagious  diseases.  In 
order  to  accomplish  this,  it  provides  for  the  compulsory 
vaccination  of  citizens,  and  for  the  disinfection  and  destruc- 
tion of  places  exposed  to  infectious  and  contagious  diseases. 
It  also  may  isolate  persons  stricken  with  contagious  mal- 
adies, and  assist  in  the  enforcement  of  quarantine  laws. 

In  a  few  States  the  State  Board  of  Health  is  clothed 
with  substantial  powers,  and  exercises  a  real  control  over 
local  sanitation;  but  in  most  of  the  States  the  actual  care 
of  the  public  health  rests  with  the  local  government.  In 
cities,  where  proper  sanitary  conditions  are  of  the  highest 
importance,  a  municipal  board  of  health  wages  constant 
warfare  against  conditions  that  produce  disease.  In  the 
discharge  of  their  duties  health  officers  are  often  compelled 
to  intrude  upon  the  private  rights  of  the  citizen.  If  some 
one  in  a  house  is  suffering  with  a  contagious  disease,  the 
house  may  be  quarantined ;  if  there  is  an  epidemic  of  small- 
pox in  a  community,  the  citizens,  willing  or  unwilling,  may 
be  compelled  to  be  vaccinated;  if  the  water  in  a  private 
well  contains  disease-bearing  germs,  the  well  may  be  con- 
demned and  filled  up  by  command  of  the  health  officers; 
if  wearing  apparel  has  been  exposed  to  contagious  disease, 
it  may  be  destroyed  by  officers  of  the  law.  In  the  name 
of  the  public  health  and  by  virtue  of  the  police  power 
that  it  possesses,  the  government  makes  these  invasions  upon 
private  rights. 

The  Federal  Government  and  the  Public  Health.     The 

preservation  of  the  public  health  is  primarily  a  State  func- 
tion, for  it  is  a  matter  that  comes  within  the  scope  of  the 
police  power  (p.  385).     The  federal  government,  however, 


394  THE  AMERICAN  DEMOCRACY 

is  by  no  means  inactive  in  matters  where  the  national 
health  is  concerned.  In  the  Department  of  the  Treasury- 
is  a  bureau  known  as  the  Public  Health  Service.  In  this 
bureau  several  thousand  persons — physicians,  nurses,  at- 
tendants— are  employed  in  public  health  work.  Besides 
treating  the  ailments  of  soldiers,  sailors,  and  marines,  this 
federal  bureau  carries  out  the  national  quarantine  regula- 
tions, its  officers  being  stationed  at  almost  every  seaport, 
where  they  take  measures  to  prevent  the  germs  of  such 
diseases  as  the  bubonic  plague  from  finding  lodgment  on 
American  soil.  Many  of  the  workers  in  the  Public  Health 
Service  go  out  into  different  parts  of  the  country  and 
assist  in  preventing  the  spread  of  contagious  diseases.  The 
bureau  also  has  authority  to  study  the  conditions  that  in- 
fluence the  propagation  and  spread  of  disease,  and  may 
make  official  investigations  covering  the  sanitation,  sewage, 
and  pollution  of  the  navigable  streams  and  lakes  of  the 
country.  In  its  work  the  Public  Health  Service  is  not 
hampered  by  State  boundaries.  It  serves,  therefore,  as 
a  useful  interstate  agency  for  the  promotion  of  the  national 
health. 

Public  Safety.  The  State,  or  the  local  government  acting 
for  it,  uses  the  police  power  freely  to  protect  the  public 
from  unusual  dangers.  It  compels  railroad  companies  to 
fence  their  tracks  and  build  them  above  or  below  grade 
at  crossings ;  it  requires  engineers  to  ring  the  bell  and  blow 
the  whistle  at  places  on  the  railroad  where  the  approach 
of  the  train  may  be  dangerous  to  travel;  it  regulates  the 
speed  of  trains  and  of  automobiles;  it  limits  the  number 
of  passengers  a  steamboat  may  carry;  it  compels  the  con- 
struction of  fire-escapes  for  tall  buildings;  it  permits  the 
destruction  of  property  to  prevent  the  spread  of  fire;  it 
throws  safeguards  around  the  sale  of  explosives  and  poison- 
ous drugs;  it  commands  the  muzzling  of  dangerous  dogs; 
it  orders  the  demolition  of  buildings  that  threaten  to  fall 
and  destroy  life  or  property ;  it  abates  nuisances  that  inter- 


HEALTH,  SAFETY,  AND  MORALITY         395 

fere  with  the  comfort  and  convenience  of  society.  In  a 
hundred  ways  the  citizen  is  reminded  that  the  interests 
and  desires  of  the  individual  are  brushed  aside  when  these 
happen  to  be  hostile  to  the  safety  of  society. 

Public  Morality.  For  centuries  governments  sought  by 
legislation  to  mold  the  character  of  individuals.  They 
subjected  the  private  conduct  of  the  citizen  to  official  regu- 
lations and  restraints  with  the  view  of  making  him  a  better 
man.  Experience  slowly  taught  the  truth  that  a  man  can- 
not be  legislated  into  morality,  and  governments  gradually 
changed  their  attitude.  Instead  of  seeking  to  improve  the 
morals  of  the  individual,  they  framed  their  laws  with  the 
view  of  preserving  the  morals  of  the  state.  In  America 
the  State  uses  the  police  power  to  protect  the  public  mo- 
rality, but  in  doing  this  it  does  not  enter  into  the  con- 
science and  intention  of  the  individual  and  pronounce  cer- 
tain acts  immoral;  it  simply  declares  that  certain  external 
acts  come  under  the  police  power  for  regulation  or  sup- 
pression, because  they  corrupt  the  morals  of  the  public 
and  thus  strike  a  blow  at  the  general  welfare. 

Prohibition.  Prominent  among  the  external  acts  of  in- 
dividuals that  have  been  brought  within  scope  of  the  police 
power  is  the  excessive  drinking  of  intoxicating  liquors. 
Intemperance  is  as  old  as  history,  and  efforts  to  suppress 
it  by  governmental  action  are  almost  as  old.  A  thousand 
years  before  the  Christian  era,  an  emperor  in  China,  in 
order  to  put  an  end  to  drunkenness,  ordered  all  the  vines 
in  the  kingdom  to  be  uprooted,  a  reform  that  was  imi- 
tated later  (800  b.  c.)  by  Lycurgus  of  Greece.  During  the 
middle  ages  the  church  struggled  with  intemperance,  but 
at  the  end  of  the  period  Bacon  was  compelled  to  say  that 
all  the  crimes  on  earth  did  not  destroy  so  many  lives  or 
alienate  so  much  property  as  drunkenness.  In  the  seven- 
teenth and  eighteenth  centuries  the  English  government 
undertook  to  deal  with  the  liquor  traffic,  but  it  did  not  go 
about  the  matter  in  the  right  way.    The  consumption  of 


396  THE  AMERICAN  DEMOCRACY 

liquor  increased  and  drunkenness  continued  to  be  the  pre- 
vailing vice  in  all  classes  of  society.  In  the  American 
colonies  the  evil  was  widespread. 

In  the  early  years  of  the  nineteenth  century  temperance 
societies  in  England  and  the  United  States  began  a  cru- 
sade in  favor  of  total  abstinence  from  intoxicating  liquors, 
and  about  the  middle  of  the  century  the  influence  of  these 
societies  began  to  be  felt  in  legislative  halls.  In  1851 
Maine  passed  a  law  prohibiting  the  sale  and  manufacture 
of  intoxicating  liquors  except  for  manufacturing  and 
medicinal  purposes.  This  was  the  beginning  of  a  prohibi- 
tion movement  that  culminated  in  1919  in  the  adoption  of 
the  Eighteenth  Amendment  to  the  Constitution  of  the 
United  States.  This  amendment  prohibits  the  ''manufac- 
ture, sale,  or  transportation  of  intoxicating  liquors  within, 
the  importation  thereof  into,  or  the  exportation  thereof 
from  the  United  States,  and  all  territories  subject  to  the 
jurisdiction  thereof,  for  beverage  purposes  (163)."  The 
effect  of  the  prohibition  amendment  is  to  bestow  a  police 
power  upon  the  federal  government.  This,  as  we  have 
learned  (p.  385),  is  a  departure  from  the  traditional  Amer- 
ican policy. 

By  the  terms  of  the  Eighteenth  Amendment,  Congress 
and  the  several  States  are  given  concurrent  power  (p.  47) 
to  enforce  the  amendment  by  appropriate  legislation  (164). 
In  pursuance  of  this  power  the  Volstead  Act  was  passed, 
prescribing  rules  for  the  enforcement  of  the  amendment. 
Since  the  State  has  concurrent  power,  State  enforcement 
laws  are  also  in  operation.  "Where  the  State  and  the 
federal  law  conflict,  the  former  gives  way  to  the  latter 
(p.  55). 

Will  nation-wide  prohibition  be  effective?  It  will  be 
successful  to  the  extent  that  the  movement  receives  the 
support  of  public  opinion.  A  prohibition  law,  like  any 
other  law,  must  have  behind  it  a  strong  public  sentiment 
(p.  235).  Where  judges  and  juries  and  law  officers  and 
the  best  citizenship  of  a  community  are  in  earnest,  and 


HEALTH,  SAFETY,  AND  MORALITY         397 

are  determined  that  intoxicating  liquors  shall  not  be  manu- 
factured or  sold,  prohibitory  laws,  whether  State  or  federal, 
will  be  as  effective  in  that  community  as  other  laws. 

Questions  on  the  Text 

1.  On  what  fundamental  principle  does  the  police  power  rest? 

2.  What  are  the  duties  of  the  State  Board  of  Health?  Give 
illustrations  of  the  way  health  officers  exercise  the  police  power. 

3.  Give  an  account  of  the  services  of  the  federal  government  in 
connection  with  the  national  health. 

4.  What  are  some  of  the  uses  made  of  the  police  power  to  pro- 
tect the  public  safety? 

5.  What  actions  are  regulated  or  suppressed  in  the  name  of 
public  morality? 

6.  What  efforts  have  been  made  to  suppress  intemperance  by  gov- 
ernmental action?  What  are  the  provisions  of  the  Prohibition 
Amendment?  of  the  Volstead  Act? 

7.  Upon  what  does  the  effectiveness  of  a  prohibition  law  de- 
pend ? 

Suggestive  Questions  and  Exercises 

1.  Give  reasons  why,  as  a  general  rule,  it  is  better  that  the  police 
power  should  be  exercised  by  the  State  rather  than  by  the  federal 
government. 

2.  Does  the  constitution  of  this  State  say  anything  about  the 
police  power? 

3.  Is  there  a  State  board  of  health  in  this  State?  How  is  it 
chosen?     What  are  some  of  its  powers? 

4.  Is  there  a  local  board  of  health  in  this  municipality?  How 
is  it  chosen?     What  is  it  doing  for  the  public  health? 

5.  Name  some  uses  of  the  police  power  not  stated  in  the  text. 

6.  Are  you  aware  of  any  unwarranted  use  of  the  police  power  in 
this  State?     If  so,  how  may  the  abuse  be  corrected? 

7.  On  what  grounds  would  you  justify  a  law  or  ordinance  that 
forbids:  the  liring  of  Chinese  crackers  on  the  Fourth  of  July?  the 
tooting  of  horns  on  Christmas  Eve?  the  wearing  of  feathers  in 
ladies'  hats?  the  running  of  trains  on  Sunday?  the  selling  of  ciga- 
rettes to  boys?  the  building  of  wooden  houses  in  a  city? 

8.  Does  the  constitution  of  this  State  say  anything  about  the 
sale  of  intoxicating  liquors? 

9.  Are  the  laws  of  this  State  in  reference  to  the  sale  of  liquor 
effective? 

Topics  for  Special  Work 

1.  Protection  of  Life  and  Health:  Bruere,  314-321. 

2.  Protection  of  Persons  and  Property:  Bruere,  263-313. 

3.  Fire  and  Health  Protection:  Howe,  231-251. 

4.  Democracy  and  Health:   Cleveland  and  Schafer,  165-192. 
%.  Prohibition:  Reinsch,  338-363. 


XLIX 
THE  HELPING  HAND  OF  THE  STATE 

^  Society  always  has  its  poor  and  unfortunate,  and  one  of  the  func- 
tions of  government  is  to  lend  a  helping  hand  to  persons  who  need 
relief.  In  this  chapter  we  shall  learn  how  government  attempts 
to  solve  the  problems  of  the  poor. 

The  Poor  We  Have  Always  with  Us.  That  it  is  the  func- 
tion of  government  to  care  for  the  dependent  classes  has 
long  been  recognized.  Throughout  history  destitution  has 
always  been  present  to  excite  the  sympathy  of  rulers  and 
to  make  an  appeal  for  the  helping  hand  of  the  state. 
Among  the  ancients  a  portion  of  the  tithes  was  by  law 
devoted  to  the  poor.  In  ancient  Rome  corn-laws  pro- 
vided for  the  distribution  of  grain  from  the  public  gran- 
aries to  those  who  could  not  afford  to  buy.  Throughout 
the  middle  ages  charity  was,  for  the  most  part,  administered 
by  the  Church,  but  in  the  sixteenth  and  seventeenth  cen- 
turies the  governments  of  Europe  began  to  legislate  for 
the  poor.  In  the  reign  of  Elizabeth  England  passed  a 
law  requiring  each  parish  to  support  its  own  poor ;  and  this 
law  served  as  a  model  for  poor  laws  in  the  colonies,  and 
later  was  imitated  by  the  several  States. 

Care  of  the  Poor  a  Function  of  Local  Government.    The 

federal  government  has  no  charitable  functions.  It  pro- 
vides homes  for  its  worn-out  sailors  and  soldiers,  it  pays 
out  vast  sums  as  pensions  to  those  who  served  in  the  Civil 
War  and  the  Spanish  American  War,  and  it  maintains  in 
the  Treasury  Department  a  War  Risk  Bureau  which  ad- 
ministers a  system  of  insurance  designed  for  the  protec- 
tion and  benefit  of  soldiers  and  sailors  enrolled  in  the  war 
against  Germany;  but  the  money  spent  in  these  directions 

398 


THE  HELPING  HAND  OF  THE  STATE       399 

is  in  no  sense  a  gift;  it  is  a  just  debt  due  the  recipients 
for  seryice  performed.  Congress  sometimes  extends  quick 
relief  to  communities  that  have  been  visited  by  fire  or  flood, 
but  such  assistance  cannot  properly  be  called  charity. 

Power  for  public  alms-giving  flows  from  the  State.  In 
the  more  recently  adopted  constitutions  provision  is  broadly 
made  for  the  subject  of  pauperism,  just  as  provision  is 
made  for  the  subject  of  crime.  The  legislature  usually 
imposes  upon  each  locality  the  burden  of  caring  for  its 
own  poor.  Charity  thus  begins  at  home.  The  State  gov- 
ernment seldom  dispenses  aid  directly  to  the  dependent 
poor. 

The  civil  division  that  most  frequently  has  charge  of 
public  charity  is  the  county.  There  are  often  county  di- 
rectors or  overseers  of  the  poor  (p.  186),  and  these  have 
charge  of  the  county  alms-house  and  of  the  distribution  of 
funds  to  the  needy.  In  States  where  there  is  a  vigorous 
township  government,  the  township,  and  not  the  county, 
administers  the  charities  (p.  193),  and  likewise  in  a  well  or- 
ganized city  a  department  of  charities  often  relieves  the 
county  of  its  charitable  function. 

Outdoor  and  Indoor  Relief.  There  are  two  historic 
methods  of  helping  the  poor,  the  method  of  outdoor  relief 
and  indoor  relief.  Outdoor  relief  is  the  relief  of  the  poor 
in  their  homes ;  indoor  relief  is  given  to  the  poor  who  have 
become  inmates  of  alms-houses.  In  most  of  the  States  the 
two  methods  are  employed  side  by  side.  The  applicant 
for  aid  sometimes  receives  a  small  sum  of  money  to  be 
spent  by  himself  in  his  home ;  sometimes  he  must  go  to  the 
alms-house  for  food,  clothing,  and  shelter.  Whether  aid 
shall  be  given  indoors  or  outdoors  is  a  question  that  the  au- 
thorities of  the  locality  decide,  each  case  being  judged  ac- 
cording to  the  circumstances  attending  it. 

The  reasons  for  outdoor  relief  are  these:  (1)  it  is  kindly, 
since  the  recipient  is  not  separated  from  his  friends  and 
family;  (2)  it  is  economical,  since  it  costs  less  on  an  aver- 


400  THE  AMERICAN  DEMOCRACY 

age  to  assist  a  person  in  his  home  than  it  does  to  support 
him  in  an  alms-house;  (3)  it  would  be  impossible  to  accom- 
modate in  alms-houses  all  who  apply  for  aid. 

The  reasons  against  outdoor  relief  are:  (1)  it  increases 
the  number  of  applicants,  because  it  is  less  disgraceful  than 
the  indoor  system;  (2)  it  corrupts  politics  by  tempting 
the  authorities  to  extend  aid  in  return  for  votes;  (3)  it 
reduces  the  rate  of  wages,  because  its  recipients  can  afford 
to  work  for  less  than  their  self-supporting  competitors.^ 

The  Defective  Classes.  Government  extends  its  aid  to  the 
defective  classes  as  well  as  to  the  dependent  and  helpless 
poor.  A  century  ago  paupers,  defectives,  and  criminals 
were  often  huddled  together  within  the  same  walls  and  sub- 
jected to  treatment  that  was  sometimes  barbarous.  Now 
there  are  separate  institutions  for  each  class.  Moreover, 
the  defectives  are  also  divided  into  classes  and  are  cared 
for  in  separate  institutions.  Thus  we  have  institutions  for 
the  blind,  for  the  deaf  and  dumb,  for  the  insane,  for  the 
feeble-minded,  for  the  epileptic,  for- the  deformed. 

As  a  rule,  the  expense  of  caring  for  the  defective  classes 
is  too  heavy  to  be  borne  wholly  by  the  local  government, 
and  it  becomes  necessary  for  the  State  to  care  for  them. 
In  almost  every  State  the  central  government  provides 
hospitals  for  the  insane,  schools  for  the  deaf  and  dumb, 
schools  for  the  blind,  and  reformatory  schools  for  juvenile 
offenders.  These  State  institutions  for  defectives  are  sup- 
ported in  part  by  State  revenues,  in  part  by  contributions 
from  the  local  government. 

State  Boards  of  Charities.  In  nearly  all  the  States  there 
have  been  established  State  boards  of  charities.  The  duties 
of  these  boards  vary,  but  usually  the  State  board  of  char- 
ities exercises  a  close  supervision  over  all  the  State  reforma- 
tories and  institutions  for  the  defective  classes,  and  inspects 
the  charitable  work  of  the  localities  and  makes  a  report 

1  See  A.  G.  Warner,  American  Charities. 


THE  HELPING  HAND  OF  THE  STATE       401 

thereon  to  the  governor  or  to  the  legislature.  In  several 
instances  this  board  possesses  a  very  substantial  power. 
Thus  in  New  York  the  State  board  of  charities  visits,  in- 
spects, and  maintains  a  general  supervision  of  all  institu- 
tions, societies,  or  associations  of  a  charitable,  corrective,  or 
reformatory  character,  whether  State,  municipal,  or  unin- 
corporated, and  it  can  enforce  in  these  institutions  a  hu- 
mane and  wise  administration. 

Mothers'  Pensions ;  Old- Age  Pensions.  A  popular  form  of 
outdoor  relief  is  the  mothers'  pension.  This  is  a  certain 
sum  paid  out  to  the  public  treasury  to  a  mother  for  the 
support  and  education  of  her  children,  when  her  family 
is  dependent.  For  example,  in  Massachusetts  the  law  pro- 
vides that  in  every  city  and  town  the  overseer  of  the  poor 
shall  aid  mothers  with  dependent  children  under  four- 
teen, the  aid  furnished  to  be  sufficient  to  enable  the  mothers 
to  bring  up  the  children  properly  in  their  own  homes.  The 
law  takes  pains  to  state  that  mothers  and  children  receiv- 
ing aid  in  this  way  shall  not  be  deemed  to  be  paupers  by 
reason  of  having  received  it.  The  laws  providing  mothers' 
pensions  vary  widely  from  State  to  State.  The  amount 
allowed  for  each  orphan  child  ranges  from  $2  to  $8  a  week, 
and  the  age  up  to  which  an  allowance  may  be  made  for  a 
child  varies  from  thirteen  to  seventeen  years,  sixteen  years 
being  the  maximum  age  in  most  of  the  States.  The  newer 
laws  and  more  recent  amendments  are  in  the  direction  of 
making  the  allowances  more  liberal  and  of  raising  the  age 
-of  children  who  may  legally  receive  the  aid.  Mothers'  pen- 
sion laws  are  in  effect  in  nearly  forty  States,  and  it  is 
estimated  that  more  than  100,000  mothers  and  children 
are  benefited  by  this  relief.  The  widespread  approval 
that  has  been  given  to  the  movement  for  mothers'  pensions 
indicates  that  in  the  popular  mind  there  is  a  deep-rooted 
conviction  that  no  child  should  be  deprived  of  home  life 
and  a  mother's  care  simply  because  poverty  stands  at  the 
door. 


402  THE  AMERICAN  DEMOCRACY 

But  dependent  mothers  are  not  the  only  people  for 
whom  pensions  may  be  claimed  on  the  ground  of  public 
policy.  There  is  a  growing  conviction  that  the  very  old 
also  are  proper  subjects  for  pensions.  An  investigation 
shows  that  nearly  1,250,000  persons  in  the  United  States 
above  sixty-five  years  of  age  are  dependent  upon  private 
and  public  charity.  The  majority  of  these  men  and  women 
are  worthy  wage-earners  who  have  toiled  for  society  for 
thirty  or  forty  or  fifty  years.  Why,  in  their  old  age, 
should  they  not  receive,  as  of  right,  pensions  that  would 
relieve  them  of  the  necessity  of  resorting  to  charity?  In 
most  of  the  countries  of  Europe  measures  have  been  taken 
to  provide  for  the  needs  of  the  very  old.  In  England, 
for  example,  every  man  and  woman  over  seventy  years 
old,  who  is  of  good  character  and  has  no  property,  re- 
ceives a  weekly  pension  from  the  government.  In  the 
United  States  little  has  been  done  to  solve  this  problem, 
although  it  has  not  been  wholly  neglected.  In  several 
States,  notably  in  California,  Massachusetts,  New  Jersey, 
and  Wisconsin,  commissions  have  been  established  for  in- 
vestigating the  question  of  old-age  pensions,  while  the 
advocacy  of  the  kind  of  relief  seems  to  be  gaining  in  earn- 
estness and  strength. 

In  1920  Congress  gave  official  recognition  to  the  policy 
of  old  age  pensions  by  passing  the  Retirement  Bill.  Under 
this  law  Uncle  Sam  pays  annuities  of  from  $180  to  $720  to 
his  civilian  employees  who  have  reached  the  age  of  seventy 
and  have  been  in  his  service  at  least  fifteen  years.  Special 
provision  is  made  for  retiring  mechanics,  letter  carriers,  and 
post  office  clerks  at  sixty-five,  and  railway  postal  clerks  at 
sixty-two.  It  is  estimated  that  over  400,000  federal  em- 
ployees will  participate  in  the  benefits  of  the  retirement 
system.  It  is  hoped  that  the  retirement  policy,  besides 
bringing  to  hundreds  of  thousands  an  assurance  of  some 
provision  against  old  age  and  helplessness,  will  also  do  much 
in  the  way  of  promoting  efficiency  in  the  federal  offices. 


THE  HELPING  HAND  OF  THE  STATE       403 

Organized  Charity.  Of  course,  government  is  not  the  only 
alms-giver.  We  give  to  the  beggar  whom  we  pass  on  the 
street;  well-to-do  people  often  make  it  a  point  to  extend 
regular  assistance  to  certain  destitute  families;  churches 
of  every  denomination  engage  in  charity  work;  societies 
and  associations  for  the  relief  of  the  poor  abound  in  every 
community. 

For  a  long  time  private  charities  as  well  as  public 
were  indiscriminate  and  unorganized,  and  the  results  of 
the  haphazard  giving  were  often  unfortunate  and  some- 
times ludicrous.  Alms  unwisely  extended  sometimes  con- 
verted a  person  who  was  simply  needy  into  a  professional 
beggar,  and  the  abundant  sources  of  aid  often  invited 
the  lazy  to  quit  work  and  live  entirely  upon  charity.  This 
was'  possible  when,  by  a  little  diplomacy  and  cunning,  one 
could  exploit  the  benevolence  of  perhaps  a  half  dozen 
churches  and  as  many  societies. 

In  1869  in  England,  and  a  little  later  in  America,  a  move- 
ment was  begun  to  organize  charity  work,  and  the  results 
that  followed  were  so  satisfactory  that  charity  organiza- 
tion societies  were  rapidly  formed.  Societies  of  this  kind, 
known  as  associated  charities  or  united  charities  or  the 
bureau  of  charities,  exist  in  more  than  two  hundred  cities 
in  the  United  States. 

Organized  charity  aims: 

1.  To  secure  cooperation  and  unity  of  action  among  all 
charitable  agencies,  public  and  private. 

2.  To  learn  the  facts  connected  with  every  application 
for  aid. 

3.  To  extend  quick  relief  to  all  who  are  actually  in  need. 

4.  To  expose  impostors. 

5.  To  find  work  for  all  who  are  able  and  willing  to  work. 

6.  To  establish  relations  of  personal  interest  and  sym- 
pathy between  the  poor  and  the  well-to-do. 


404  THE  AMERICAN  DEMOCRACY 

Questions  on  the  Text 

1.  To  what  extent  has  charity  in  the  past  been  regarded  as  a 
function  of  government? 

2.  From  what  source  does  the  power  for  alms-giving  flow  ? 
Which  of  the  governments  is  charged  with  administering  charity? 

3.  What  is  meant  by  outdoor  relief?  indoor  relief?  What  rea- 
sons maj^  be  given  for  and  against  outdoor  relief? 

4.  W^hat  provision  is  made  for  the  defective  classes? 

5.  What  is  the  duty  of  the  State  board  of  charity? 

6.  What  is  the  purpose  of  mothers'  pensions?  To  what  extent 
has  the  plan  of  mothers'  pensions  been  adopted  in  the  United  States? 
Give  reasons  for  a  system  of  old-age  pensions.  What  are  the  provi- 
sions of  the  federal  Retirement  Bill? 

7.  What  evils  attend  unorganized  and  unsystematic  charity 
work  ? 

8.  What  are  the  aims  of  organized  charity  work? 

Suggestive  Questions  and  Exercises 

1.  Does  the  constitution  of  this  State  say  anything  about 
charity?  anything  about  pauperism?  Are  paupers  permitted  to  vote 
in  this  State? 

2.  What  provision  is  made  in  this  State  for  the  defective  classes, 
the  deaf,  the  blind,  the  insane,  the  feeble-minded? 

3.  Arrange  the  following  causes  of  poverty  according  to  the  per- 
centage of  paupers  made  by  each:  lack  of  employment,  sickness,  ac- 
cident, insufficient  earnings,  intemperance,  shiftlessness,  physical  de- 
fects. If  you  are  not  able  to  secure  the  facts,  use  your  judgment  in 
making  an  arrangement. 

4.  Name  the  charitable  institutions  of  which  you  have  knowl- 
edge.    Are  most  of  these  supported  by  private  liberality? 

6.  If  a  street  beggar  should  ask  you  for  money,  would  you  give 
him  any?     What  is  "scientific  charity"? 

Topics  for  Special  Work 

1.  The  Administration  of  Charities  and  Corrections:  Goodnow  and 

Bates,  316-334. 

2.  Poverty  and  Pauperism:   Ellwood,  299-335. 

3.  The  Problem  of  Pauperism:  Dole,  148-157. 

4.  Old- Age  Pensions:   Commons,  397-408. 


CRIME 

In  the  simplest  and  rudest  stages  of  society  wrong-doing  was 
regarded  as  a  private  matter  and  the  wrong-doer  was  punished  by- 
private  hands.  The  murderer  was  delivered  over  to  the  vengeance  of 
the  family  of  which  the  slain  was  a  member;  the  thief  was  punished 
by  the  person  from  whom  the  goods  were  stolen.  As  society  grew 
to  be  more  highly  organized,  and  as  the  power  of  government  in- 
creased, private  vengeance  was  gradually  disallowed  and  the  punish- 
ment of  crime  became  strictly  a  function  of  government.  By  what 
principles  is  government  guided  when  it  undertakes  to  define  and 
punish  crime?  What  crimes  are  punished  by  the  State?  To  what 
extent  does  the  federal  government  deal  with  crime?  What  policy 
does  the  government  pursue  in  respect  to  the  prevention  of  crime  and 
the  treatment  of  criminals? 

Definition  of  Crime.  The  first  task  of  government  in  re- 
spect to  crim.e  is  to  define  crime,  to  declare  what  actions 
are  criminal.  A  crime  is  an  act  injurious  to  society  and 
punishable  by  law;  but  before  an  act  can  be  regarded  as 
a  crime  it  must  be  stamped  as  such  by  government.  An 
act  may  be  vicious  or  sinful,  and  yet  if  it  is  not  named 
by  law  as  a  punishable  offense  it  is  not  a  crime. 

As  society  becomes  more  complex  the  offenses  designated 
by  law  as  crimes  become  more  numerous.^  The  telegraph 
has  brought  the  crime  of  tapping  wires  and  stealing  elec- 
tricity ;  railroads  have  brought  the  crime  of  train-wrecking ; 
corporate  combinations  have  caused  penalties  to  be  pro- 

1  The  following  table  shows  the  nature  of  the  offenses  for  which  criminals 
in  the  United  States  are  convicted  and  gives  the  percentage  that  each  class 
of  crime  bears  to  the  whole   number  committed: 

Crimes    against    government,    as    treason,    counterfeiting,    anarchy....  2.2% 

Crimes     against    society,     as    disturbance    of    the    peace,    drunkenness  22     % 

Crimes   against   the  person,    as  murder,    assault,    mayhem 21.9  % 

Crimes  against  property,   as  burglary,   arson,  theft 45.8  % 

Miscellaneous     crimes     8.1  % 

Total.  . ., 100.00  % 

405 


406  THE  AMERICAN  DEMOCRACY 

nounced  against  an  undue  restraint  of  trade;  the  factory 
has  called  forth  penalties  against  the  criminal  neglect  of 
the  safety  of  workingmen.  "All  changes  in  social  organi- 
zation, in  custom,  in  political  control,  import  changes  in 
the  criminal  law."  Society  is  constantly  defending  itself 
against  new  dangers,  and  whenever  an  act  of  omission  or 
commission  is  seen  to  be  clearly  hurtful  to  the  public,  it  is 
designated  by  law  as  a  crime. 

Punishment  of  Crime.  When  the  law  defines  an  act  as 
a  crime,  it  usually  at  the  same  time  provides  a  punish- 
ment. In  the  olden  times  punishment  followed  the  law 
of  retaliation:  a  life  for  a  life,  an  eye  for  an  eye,  a  tooth 
for  a  tooth.  For  the  crime  of  murder  this  rule  still  pre- 
vails in  most  countries,  although  in  several  States  capital 
punishment  has  been  abandoned.  By  modern  usage  punish- 
ments for  crime  are  assigned  without  any  purpose  of  re- 
taliation. The  criminal  is  punished  for  the  benefit  of  so- 
ciety, and  not  for  the  sake  of  private  or  public  vengeance. 
"What  the  punishment  for  a  crime  shall  be  is  a  question 
of  expediency  for  the  law  to  determine.  In  ordaining  a 
punishment,  however,  it  is  the  rule  to  make  its  severity 
correspond  in  some  degree  to  the  heinousness  of  the  offense 
committed.  When  the  form  of  punishment  is  not  death, 
it  is  usually  either  a  fine  in  money  or  imprisonment  for  a 
definite  period  of  time.  Excessive  fines  or  cruel  or  unusual 
punishments  cannot  be  inflicted  by  the  federal  government 
(142),  but  the  State  can  provide  such  punishments  as  it 
deems  proper,  even  if  these  seem  to  be  cruel  or  unusual. 

Crime  and  the  State  Government.  In  the  United  States 
the  duty  of  defining  crimes  and  affixing  penalties  and  of 
punishing  offenders  belongs  almost  entirely  to  the  State 
government.  The  constitution  of  the  State  generally  al- 
lows the  legislatures  to  deal  with  crime  in  their  own  way. 
In  those  States  that  have  adopted  the  rules  of  the  common 
law  certain  deeds  are  punishable  as  crimes  without  special 
legislative  action.     These  are  the  common  law  crimes,  and 


CRIME  407 

include  treason,  murder,  manslaughter,  arson,  larceny, 
burglary,  kidnapping,  assault,  perjury,  embezzlement.  In 
a  State  that  has  not  adopted  the  rules  of  the  common  law 
in  reference  to  crime,  before  an  act  can  be  punished  as 
criminal  it  must  first  be  designated  as  such  by  a  statute. 

Several  decades  ago,  in  a  Western  State  that  did  not  at 
the  time  recognize  the  rules  of  the  common  law  in  refer- 
ence to  crime,  a  boy  was  kidnapped,  and  when  the  sub- 
ject of  the  punishment  of  the  kidnapper  arose  it  was  found 
that  the  laws  of  the  State  in  which  the  act  was  committed 
said  nothing  about  kidnapping.  The  perpetrator  of  the 
deed  was  not  discovered,  but  it  was  generally  acknowledged 
that  even  if  he  had  been  captured  it  would  not  have  been 
possible  to  punish  him.  The  federal  government  could  not 
have  touched  the  case,  and  the  State  government  had  not 
yet  made  the  offense  a  crime. 

Since  each  State  deals  with  crime  in  its  own  way,  crim- 
inals fare  differently  in  different  States.  *'The  criminal 
code  in  one  State  in  1879  provided  for  the  punishment  of 
one  hundred  and  fifty  offenses  as  crimes,  only  one  hundred 
and  eight  of  which  were  recognized  as  crimes  by  the  code 
of  another  State.  .  .  .  The  penalty  for  perjury  in  one  State 
is  a  fine  limited  between  a  minimum  of  five  hundred  dol- 
lars and  a  maximum  of  two  thousand  dollars;  in  others 
five  years'  imprisonment;  in  still  others  imprisonment  for 
life ;  and  in  one  death,  if  the  crime  causes  the  execution  of 
an  innocent  person.  .  .  .  The  penalty  for  arson  varies  from 
imprisonment  for  from  one  to  ten  years  to  death.  "^  In 
one  State  murder  may  be  punishable  by  death  and  horse- 
stealing by  imprisonment  for  life;  in  an  adjoining  State 
horse-stealing  may  be  punishable  by  death,  and  murder 
by  imprisonment  for  life. 

While  this  diversity  in  the  laws  of  the  different  States 
in  respect  to  crime  may  seem  regrettable,  we  must  not  jump 
to  the  conclusion  that  the  definition  and  punishment  of 
crime  should  be  given  to  the  federal  government.     In  deal- 

1  H.  M.  Boies,  The  Science  of  Penology,  p.  83. 


408  THE  AMERICAN  DEMOCRACY 

ing  with  crime,  government  is  fighting  with  one  of  the  foes 
of  society,  and  the  principle  of  local  self-government,  and 
the  principle  that  a  law  to  be  effective  must  harmonize 
with  the  morality  and  sentiment  of  the  community  in  which 
it  is  to  be  executed,  both  sustain  the  policy  of  letting  each 
State  fight  its  criminal  foes  in  its  own  way. 

Crime  and  the  Federal  Government.  While  the  State  gov- 
ernment is  the  chief  agent  for  suppressing  crime,  the  federal 
government  has  a  part  in  the  work.  Congress  as  well  as 
the  State  legislature  is  constantly  designating  new  crimes. 
Under  the  authority  of  the  Constitution,  Congress  may  de- 
fine and  punish  crimes  in  the  District  of  Columbia,  in  the 
Territories,  and  in  other  places  wholly  within  the  jurisdic- 
tion of  the  federal  government;  it  provides  punishment 
for  offenses  relating  to  the  post-office,  to  interstate  com- 
merce, to  the  currency,  to  federal  elections,  and  to  all  other 
matters  that  come  within  the  scope  of  the  federal  jurisdic- 
tion. Congress  also  defines  and  punishes  piracies  com- 
mitted on  the  high  seas  and  offenses  against  the  laws  of 
nations  (54). 

There  are  no  common-law  crimes  against  the  United 
States :  only  acts  designated  as  crimes  by  Congress  are  pun- 
ishable in  federal  courts.  A  person  charged  with  violating 
a  federal  statute  must  be  tried  in  the  State  in  which  the 
act  was  committed  (139),  and  is  entitled  to  a  speedy  trial 
by  a  jury  consisting  of  citizens  of  the  State. 

Punishment  for  counterfeiting  the  securities  and  current 
coins  of  the  United  States  is  fixed  by  Congress  (50).  By 
''securities'^  is  meant  the  government's  bonds,  its  stamps, 
and  other  representatives  of  value.  For  counterfeiting 
gold  and  silver  coin  the  punishment  is  a  fine  of  not  more 
than  five  thousand  dollars,  or  imprisonment  at  hard  labor 
for  not  more  than  ten  years.  For  counterfeiting  paper 
currency  the  punishment  is  still  more  severe. 

The  highest  crime  known  to  the  law  is  treason,  which 
may  be  broadly  defined  as  an  attack  upon  government  it- 


CRIME  409 

self.  Under  this  broad  definition  in  England  and  in  other 
countries  much  injustice  has  been  wrought.  Men  who  have 
committed  no  crime  other  than  to  earn  the  displeasure  of 
rulers  have  been  charged  with  treason  and  put  to  death. 
To  guard  against  evils  of  this  sort  the  f ramers  of  the  Con- 
stitution took  the  precaution  of  precisely  defining  what  acts 
should  be  regarded  as  treasonable.  To  commit  treason 
against  the  United  States  one  must  wage  war  against  it 
(112)  or  give  aid  or  comfort  to  its  enemies.^  If  there  be  an 
actual  assemblage  of  men  whose  purpose  is  to  proceed  with 
force  against  the  authority  or  property  of  the  United 
States,  each  member  of  such  an  assemblage  may  be  ad- 
judged a  traitor.  If  a  citizen — and  no  one  but  a  citizen 
can  be  a  traitor — sells  a  public  enemy  provisions  or  arms, 
he  gives  that  enemy  aid  and  comfort  and  is  guilty  of  trea- 
son. As  an  additional  safeguard  against  the  abuse  of 
power,  the  Constitution  provides  that  at  least  two  wit- 
nesses must  testify  to  the  treasonable  act  of  which  the  ac- 
cused is  charged  (113).  The  punishment  of  treason 
against  the  United  States  (114)  is  death,  or,  at  the  discre- 
tion of  the  court,  five  years  of  imprisonment  and  a  fine  of 
not  less  than  ten  thousand  dollars.  A  civil  officer  of  the 
United  States  found  guilty  of  treason  by  the  process  of 
impeachment  is  deprived  of  his  office. 

Prevention  of  Crime  and  Treatment  of  Criminals.    The 

criminal  class  in  the  United  States  numbers  perhaps  more 
than  one  per  cent,  of  the  total  population,  and  it  cannot 
be  shown  that  the  proportion  is  decreasing;  indeed,  able 
authorities  assert  that  the  proportion  is  increasing.  This 
small  but  persevering  and  dangerous  class  has  been  pres- 
ent in  all  ages  and  in  all  countries,  and  governments  have 
tried  in  vain  to  extirpate  it.  Law-makers,  appealing  to  the 
emotion  of  fear,  for  a  long  time  endeavored  to  decrease 
crime  by  making  punishments  for  all  kinds  of  offenses  ex- 

1  Treason  against  a  State  is  defined  in  the  State  constitutions,  and  the 
defijiition  is  usually  identical  with  that  given  in  the  Constitution  of  the 
United  States. 


410  THE  AMERICAN  DEMOCRACY 

tremely  severe;  but  they  found  that  severity  of  penalty 
would  not  solve  the  problem.  Then  the  law-makers  at- 
tempted to  apply  the  principle  of  justice  in  the  punishment 
of  criminals;  they  adapted  the  punishment  to  the  crime, 
affixing  a  slight  penalty  to  a  petty  offense  and  ordaining  a 
more  severe  punishment  for  a  more  flagrant  deed.  Still 
this  did  not  solve  the  problem ;  no  scheme  of  punishments, 
however  nicely  adjusted,  has  as  yet  had  the  effect  of  de- 
creasing crime. 

In  recent  years  we  have  been  trying  to  prevent  crime 
by  removing  its  causes.  It  is  recognized  that  crime  is  due 
in  a  large  measure  to  an  unfavorable  environment,  to  bad 
company,  to  poverty,  to  the  enervating  influence  of  wealth 
and  luxury,  to  crowded  tenements,  to  the  evil  influences  of 
cities,  and  philanthropists  and  statesmen  are  bending  their 
efforts  toward  improving  the  environment  that  is  respon- 
sible for  crime. 

Furthermore,  the  niicntal  attitude  of  the  public  toward 
criminals  is  changing.  Formerly  it  was  the  universal  opin- 
ion that  a  criminal  was  a  foe  to  society,  and  that  in  meting 
out  punishment  to  this  foe  the  welfare  of  society  alone 
should  be  regarded.  Now  in  the  adjustment  of  punish- 
ments there  is  a  disposition  to  regard  the  welfare  of  the 
criminal  as  well  as  the  welfare  of  society.  It  is  contended 
that  a  criminal  is  a  person  who  is  afflicted  with  a  disease, 
the  disease  of  criminality,  and  that  government  ought  to 
heal  this  disease  if  it  can  do  so.  ''Laws  for  the  punish- 
ment of  crime,"  says  the  constitution  of  Oregon,  ''shall 
be  founded  on  the  principles  of  reformation,  and  not  of 
vindictive  justice."  If  the  criminal  cannot  be  healed, 
government  must  prevent  him  from  running  at  large.  If, 
however,  the  criminal  is  curable,  he  must  be  restored  to 
society  as  soon  as  he  recovers.  A  penitentiar}^,  according 
to  this  doctrine,  is  simply  a  moral  hospital  where  criminals 
are  confined  until  they  are  cured  of  the  disease  of  crim- 
inality. In  conformity  with  this  view,  industrial  schools, 
reformatories,  and  asylums  are,  for  many  offenses,  taking 


CRIME  411 

the  place  of  jails  and  penitentiaries,  and  indeterminate  sen- 
tences— ^sentences  that  detain  the  criminal  only  as  long  as 
he  remains  unreformed — are  being  substituted  for  commit- 
ments for  arbitrary  definite  periods. 

In  the  case  of  juvenile  delinquency  great  care  is  taken 
in  most  States  to  build  up  the  character  of  the  young  of- 
fender so  that  his  restoration  to  society  may  be  complete 
and  final.  The  young  criminal  is  tried  in  a  specially  or- 
ganized juvenile  court,  and  if  found  guilty  he  may  be  com- 
mitted to  the  supervision  of  a  probation  officer,  or  to  the 
care  of  some  industrial  school;  but  he  is  not  deprived 
wholly  of  his  liberty.  In  some  of  the  States  the  indus- 
trial schools  established  for  juvenile  offenders  are  not  sur- 
rounded by  walls,  and  are  almost  entirely  free  from  bolts, 
bars,  or  other  means  of  forcible  restraint.  At  such  insti- 
tutions the  inmates  work  on  the  farm,  make  their  own 
clothes  and  shoes,  receive  instruction  in  manual  training, 
and  in  this  way  are  fitted  for  self-support. 

Questions  on  the  Text 

1.  How  was  crime  punished  in  the  earlier  stages  of  social  develop- 
ment? 

2.  Why  is  it  necessary  that  the  law  should  be  constantly  designat- 
ing new  crimes? 

3.  When  affixing  a  punishment  to  a  crime  what  purpose  does  the 
lawmaker  have  in  view?     What  are  the  usual  forms  of  punishment? 

4.  Give  an  account  of  the  functions  of  the  State  government  in 
reference  to  crime.     What  are  common-law  crimes? 

5.  Illustrate  how  punishment  for  crime  varies  from  State  to 
State. 

6.  What  crimes  are  punishable  by  the  federal  government?  What 
is   treason?     How   is   it   punished? 

7.  What  are  some  of  the  causes  of  crime? 

8.  What  new  policy  is  being  adopted  in  reference  to  the  treat- 
ment of  criminals? 

Suggestive  Questions  and  Exercises 

1.  Arrange  the  following  causes  of  crime  according  to  the  percen- 
tage of  criminals  produced  by  each:  l)ad  company,  drink,  poverty, 
temper,  lack  of  moral  principle,  mental  incapacity.  If  you  are  un- 
able to  secure  the  statistics,  use  your  judgment  as  to  an  arrange- 
ment. 


412  THE  AMERICAN  DEMOCRACY 

2.  What  is  the  money  cost  of  crime  in  this  State  ? 

3.  Are  you  inclined  to  support  the  doctrine  that  the  State  in  deal- 
ing with  a  criminal  should  entertain  no  idea  of  punishment;  that  it 
should  simply  treat  the  criminal  as  a  sick  person?  Give  reasons  for 
your  answer. 

4.  Does  the  constitution  of  this  State  say  anything  about  crime? 
about  punishments?  What  does  the  Constitution  of  the  United 
States  say  about  punishments  (142)?  Are  those  who  have  been 
convicted  of  crime  in  this  State  permitted  to  vote? 

5.  What  industrial  schools,  reformatories,  and  asylums  are  sup- 
ported in  this  State?     What  is  a  juvenile  court? 

6.  What  notable  persons  have  been  accused  of  treason  in  the 
United  States?     Has  there  ever  been  a  conviction  for  treason? 

7.  Prepare  a  five-minute  paper  on  the  Elmira  Reformatory^ 

8.  Is  the  violation  of  a  police  law  always  a  crime?  What  is  the 
difference  between  a  crime  and  a  misdemeanor?  between  a  crime  and 
a  sin? 

Topics  for  Special  Work 

1.  The  Definition  of  Crime:  Ellwood,  326-329. 

2.  The  Causes  of  Crime:  Ellwood,  335-340. 

3.  The  Juvenile  Court:   Reinsch,  199-206. 

4.  Crime  and  Juvenile  Inefficiency:  Reinsch,  181-198. 
6.  The  Treatment  of  Crime:  Dole,  130-147. 


LI 
URBAN  AMERICA 

Thus  far  we  have  considered  those  functions  of  government  that, 
for  the  most  part,  are  general  in  character  and  that  affect  the  nation 
throughout  its  whole  extent.  In  every  community,  whether  urban 
or  rural,  there  is  taxation  and  regulation  of  commerce  and  industry 
and  education  and  an  exercise  of  the  police  power.  But  in  cities  the 
local  government,  in  order  to  solve  problems  peculiar  to  municipal 
life,  has  undertaken  to  render  a  number  of  services  which  we  may 
regard  as  special  municipal  functions.  In  the  present  chapter  some 
of  the  most  important  of  these  special  functions  of  municipal  gov- 
ernment will  receive  attention. 

Growth  of  Cities  and  Extension  of  Municipal  Functions. 

The  outstanding  fact  of  modern  society  is  that  an  in- 
creasingly large  proportion  of  the  total  population  of  the 
civilized  world  is  living  an  urban  life.  People  are  flock- 
ing to  the  cities  in  such  numbers  that  the  urban  is  growing 
faster  than  the  rural  population.  This  is  true  of  nearly 
every  country  in  the  world,  and  is  especially  true  of  the 
United  States.  A  hundred  years  ago  America  was  rural; 
in  recent  years  it  has  been  rapidly  becoming  urban.  In 
1880  about  one  sixth  of  the  population  of  the  United  States 
lived  in  cities;  in  1890,  about  one  fifth;  in  1900,  about  one 
fourth ;  in  1910,  about  one  third ;  in  1920,  more  than  one  half. 
As  our  cities  have  grown  in  size  the  problems  of  munici- 
pal government  have  become  more  numerous  and  more  per- 
plexing. We  have  already  learned  that  some  of  these  prob- 
lems have  been  solved  by  reforms  in  municipal  organization 
(p.  210).  But  municipal  questions  of  immediate  and  press- 
ing importance  relate  not  so  much  to  forms  of  organization 
as  to  functions.  "What  things  shall  our  city  government 
do?    What  services  shall  it  undertake  to  render?"    Of  all 

413 


414  THE  AMERICAN  DEMOCRACY 

the  questions  that  the  urban  voter  is  called  upon  to  answer, 
this  is  the  most  practical  and  the  most  important. 

In  determining  the  functions  of  the  municipal  g-ovem- 
ment  the  tendency  is  to  increase  their  number.  As  cities 
grow  larger  the  wider  is  the  range  of  municipal  activity. 
A  hundred  years  ago  the  chief  concern  of  the  municipal 
authorities  was  to  preserve  law  and  order :  now  the  interest 
of  the  city  fathers  extends  to  the  satisfaction  of  numerous 
social  needs.  It  would  be  difficult  to  enumerate  all  the 
things  done  by  a  progressive  municipality  of  to-day.  The 
city  government  furnishes  police  protection;  supports  fire 
departments ;  provides  water  supplies ;  lights  the  street  with 
gas  or  electricity,  and  paves  and  cleans  them;  constructs 
sewers ;  helps  the  poor  and  unfortunate ;  maintains  a  system 
of  elementary  and  high  schools;  preserves  public  health; 
abates  nuisances ;  inspects  food ;  removes  garbage ;  supports 
parks,  libraries,  hospitals,  and  cemeteries;  fosters  music, 
literature,  and  art;  and  provides  and  equips  playgrounds 
for  children.  Of  course,  every  city  does  not  do  all  of  these 
things,  and  it  may  be  that  no  single  city  has  done  all  of 
them  at  a  given  moment,  for  the  whole  matter  of  municipal 
functions  is  in  a  state  of  flux;  yet  this  enumeration  of 
possible  services  shows  that  the  city  government  touches 
the  lives  of  citizens  at  many  points  and  administers  to  their 
needs  in  many  ways. 

The  Problem  of  Public  Utilities.  Foremost  among  the 
problems  relating  to  municipal  functions  is  one  bearing 
upon  the  subject  of  public  utilities.  By  public  utilities  we 
mean  those  physical  agencies  by  which  water,  gas,  elec- 
tricity, heat  and  transportation  are  supplied  to  residents. 
Or,  we  might  say  simply  that  water,  gas,  electricity,  heat, 
and  transportation  are  public  utilities. 

Public  utilities  are  not  free;  they  must  be  paid  for  by 
the  people  who  make  use  of  them.  Their  price,  therefore, 
is  a  matter  of  vital  importance  to  almost  every  inhabitant 
of  the  city.     The  price  of  a  public  utility  depends  in  a 


URBAN  AMERICA  415 

large  measure  upon  whether  the  plant  supplying  it  is  owned 
by  the  municipality  or  by  a  private  person  or  corporation. 
If  the  plant  is  owned  by  the  municipality,  the  utility  may 
be  sold  at  cost;  for  the  city  is  not  compelled  to  make  a 
profit  on  it.  If  the  plant  is  owned  by  a  private  person  or 
corporation,  the  utility  must  be  sold  at  a  profit ;  for  people 
who  invest  their  money  in  the  plant  expect  to  reap  a  re- 
ward. So  the  public-utility  question  is  this :  Shall  water, 
gas,  electricity,  and  transportation  be  furnished  by  plants 
owned  and  operated  by  the  city  government,  or  by  plants 
owned  and  operated  by  private  persons  or  corporations  ? 

In  Great  Britain  and  in  several  of  the  countries  on  the 
Continent  municipal  ownership  of  public  utilities  is  general. 
For  example,  in  Great  Britain  forty-two  of  the  fifty  largest 
cities  own  their  street  railways.  In  the  United  States  mu- 
nicipal ownership  has  not  been  carried  as  far  as  it  has 
been  in  Europe.  Here  water  is  the  only  public  utility 
that  is  generally  furnished  by  the  municipality,  although 
many  cities  own  their  electric-lighting  plants  and  a  con- 
siderable number  of  their  gas  plants.  In  the  highly  im- 
portant matter  of  transportation  little  progress  in  the  direc- 
tion of  municipal  ownership  has  been  made.  San  Fran- 
cisco owns  and  operates  a  system  of  street  railways,  and 
in  Cleveland  the  car  lines  are  run  on  the  principle  that 
transportation  belongs  to  the  people  and  must  be  given  to 
them  at  cost.  Also  in  Seattle  and  Detroit  the  movement  to- 
ward municipal  ownership  of  street  railways  has  made 
considerable  headway.  But  these  cities  are  exceptions; 
throughout  the  country  at  large  street  railways  are  owned 
and  operated  by  private  companies. 

In  many  places  the  sentiment  for  public  ownership 
of  transportation  facilities  is  strong,  but  often  the  difficult 
ties  that  lie  in  the  way  cannot  be  easily  overcome.  Usually 
the  great  stumbling-block  is  the  franchise  (p.  268).  The 
friends  of  municipal  ownership  too  often  find  that  the 
streets  are  not  virgin  soil  upon  which  the  city  can  lay  its 
tracks  at  will.     They  find  that  the  streets  in  which  traffic 


416  THE  AMERICAN  DEMOCRACY 

is  greatest  are  already  occupied  by  a  private  company  to 
which  a  franchise  has  been  granted.  This  franchise  may 
extend  through  a  long  period  of  time, — twenty,  fifty,  a 
hundred  years, — ^yet  until  it  shall  expire  the  people  are 
debarred  from  the  use  of  their  streets.  For  the  franchise 
is  held  by  virtue  of  a  contract  between  its  holder  and  the 
government  granting  it,  and  no  legislature  or  city  council 
can  pass  a  law  impairing  the  obligations  of  contracts  (73). 

So  the  friends  of  municipal  ownership  must  wait  until 
the  franchise  expires.  And  then  they  will  probably  find 
that  their  battle  has  only  begun.  For  the  franchise  may 
be  worth  many  millions  of  dollars  and  its  owners  will 
almost  certainly  attempt  ,to  get  its  life  extended,  and  in 
their  fight  for  extension  they  will  use  every  weapon  at 
their  command.  They  may  even  resort  to  bribery  and 
corruption.  Indeed,  the  franchise  is  the  greatest  source 
of  scandal  in  municipal  affairs.  One  of  the  strongest  argu- 
ments in  favor  of  municipal  ownership  is  that  it  would 
do  away  with  the  franchise  altogether,  and  thus  remove 
the  tap-root  of  municipal  corruption.  Assuming  that  the 
friends  of  municipal  ownership  have  won  their  fight  over 
the  franchise,  and  that  they  have  caused  a  system  of  mu- 
nicipal railways  to  be  installed  in  their  city,  they  will  still 
have  many  difficulties  to  overcome.  They  will  be  opposed 
by  powerful  interests;  obstacles  will  be  thrown  in  their 
way  by  franchise  seekers;  and  they  will  be  lucky  indeed 
if  the  railways  do  not  go  back  into  private  hands. 

But  the  friends  of  municipal  ownership  need  not  de- 
spair. For,  after  all,  the  trend  of  affairs  is  favorable  to 
their  cause.  "A  study  of  the  history  of  municipal  public 
utilities,"  says  Dr.  F.  J.  Goodnow,  *'and  the  conditions 
under  which  private  operation  has  given  and  is  giving  way 
to  public  operation  can  hardly  fail  to  carry  conviction  that 
the  sphere  of  direct  municipal  action  is,  in  spite  of  op- 
position, gradually  extending.  Just  as  the  reliance  upon 
the  individual  property-owners  for  the  discharge  of  such 
functions  as  paving  and  sweeping  the  streets  has  given 


URBAN  AMERICA  417 

way  to  public  action,  so  has  tlie  supply  of  gas,  electrici;.y, 
and  transportation  been  transferred  from  the  individ- 
ual to  the  utility  corporation,  and  now  seems  destined, 
whether  for  good  or  ill,  to  be  transferred  in  turn  to  direct 
agencies  of  government.'' 

The  Housing  Problem.  Closely  linked  with  the  transporta- 
tion problem  is  the  housing  problem.  In  every  growing 
city  there  is  a  natural  tendency  toward  overcrowding,  and 
an  unsatisfactory  transportation  system  contributes  to  the 
congestion.  Workers  must  get  to  the  place  of  their  em- 
ployment speedily  and  cheapl}^  If  the  transportation 
system  does  not  permit  them  to  do  this,  they  must  secure 
a  residence  located  near  the  establishment  in  which  they 
work.  For  the  sake  of  this  proximity  they  will  pay  high 
rents,  live  in  cramped  quarters,  and  put  up  with  incon- 
veniences. While  everybody  is  thus  trying  to  live  in  the 
same  place,  there  is  produced  a  congestion  of  population, 
which  gives  rise  to  the  housing  problem. 

In  some  cases  the  congestion  could  be  relieved  by  quick 
and  cheap  transportation  to  the  suburbs,  where  there  is 
plenty  of  room  and  light  and  air.  But  not  in  all  cases; 
the  evils  of  overcrowding  can  not  always  be  remedied  by 
improving  transportation  facilities.  For  in  almost  every 
large  city  there  is  a  larid  problem  to  be  dealt  with.  Within 
the  city  the  high  cost  of  land  makes  it  impossible  for  a 
poor  man  to  own  his  home  or  to  rent  a  dwelling  that  is  even 
fairly  commodious.  And  the  land  problem  extends  be- 
yond the  limits  of  the  city.  The  poor  man  seeking  a 
suburban  home  finds  too  often  that  most  of  the  vacant 
land  close  to  the  city  is  in  the  hands  of  speculators,  who 
have  bought  it  not  with  the  view  of  building  homes  upon 
it,  but  with  the  view  of  holding  it  while  it  rises  in  value. 
For  the  market  value  of  land  near  a  large  city  is  apt  to 
be  constantly  advancing  in  price.  As  long  as  the  price 
is  upward  the  owner  of  the  vacant  land  prefers  not  to  sell, 
unless  at  a  very  high  rate.     He  does  not  care  to  build 


418  THE  AMERICAN  DEMOCRACY 

upon  his  land,  because  he  figures  that  the  soaring  values 
of  the  vacant  land  will  bring  him  more  clear  money  than 
he  would  gain  by  building.  He  will  sell  lots,  to  be  sure, 
to  those  who  can  afford  to  pay  his  prices;  but  to  the  poor 
man  his  prices  are  prohibitive.  So  neither  in  the  city  nor 
in  the  suburbs  can  the  poor  man  find  a  decent  home  that 
he  can  call  his  oAvn. 

Inadequate  transportation,  excessive  land  values,  and  the 
rapid  growth  of  city  populations  are  the  things  that  are 
chiefly  responsible  for  the  house  shortage  of  which  we  hear 
so  much  in  recent  years.  This  shortage  is  alarming.  It 
is  a  fact  that  in  some  of  our  cities  there  are  not  enough 
houses  to  shelter  the  people.  Here  is  a  municipal  problem 
that  is  crying  for  a  prompt  solution.  Public  policy,  to  say 
nothing  of  the  considerations  of  humanity,  requires  that 
people  have  proper  homes  in  which  to  live.  The  backbone 
of  a  community  is  its  home-loving  citizens.  The  temper 
and  loyalty  of  a  people  are  affected  profoundly  by  living 
conditions. 

The  first  sure  symptom  of  a  mind  in  health 
Is  rest  of  heart,   and  pleasure  felt  at  home. 

The  housing  problem  will  hardly  solve  itself.  It  doubt- 
less will  have  to  be  taken  up  with  a  firm  hand  by  the 
government  and  dealt  with  in  a  serious  manner.  A  report 
of  an  investigation  into  housing  conditions  in  the  city 
of  Cleveland  hits  the  nail  on  the  head  when  it  says:  "We 
are  forced  to  the  conclusion  that  the  housing  problem  can 
not  be  solved  by  private  building  enterprises  under  exist- 
ing financial  conditions;  that  the  securing  of  adequate 
housing  for  workers  is  one  of  the  fundamental  problems 
upon  which  should  be  exerted  all  the  social  and  economic 
forces  of  the  community.  If  workmen  are  to  come  to  our 
city  to  man  our  industries,  it  is  apparent  that  they  must 
be  bound  by  other  means  than  those  to  which  we  have 
hitherto  resorted.  Either  the  community  or  the  govern- 
ment must  come  to  the  rescue  and  provide  homes  that  are 


URBAN  AMERICA  419 

within  the  range  of  price  that  the  worker  can  rent  or 
purchase,  or  through  some  control  of  resources  make  it 
possible  to  provide  comfortable  living  accommodations  for 
himself  and  family.'^ 

The  shortage  in  houses  is  only  one  of  the  aspects  of  the 
housing  problem.  Bad  housing  conditions  must  be  dealt 
with.  The  unsanitary  tenement  must  be  made  sanitary. 
The  dilapidated  house  must  either  be  torn  down  or  rendered 
fit  for  human  habitation.  Above  all,  the  slum  must  be  de- 
stroyed. The  slum  is  a  spreading  cancer  in  the  municipal 
body,  and  the  foul  thing  should  be  removed  by  the  sharp 
knife  of  the  law,  and  the  excision  should  be  complete.  In 
dealing  with  bad  housing  conditions  the  police  power 
(p.  384)  may  be  invoked,  and  it  should  be  used  in  drastic 
fashion.  For  investigation  in  a  score  of  cities  has  shown 
that  bad  housing  is  the  root  and  source  of  a  vast  amount 
of  disease,  crime,  and  juvenile  delinquency. 

City  Planning.  With  the  view  of  avoiding  the  evils  of  bad 
housing,  municipal  reformers  in  recent  years  have  been 
urging  the  necessity  of  directing  the  development  of  a  city 
according  to  a  well  considered  plan.  Ordinarily  cities  have 
grown  helter-skelter,  like  Topsy.  But  city  planning  pro- 
vides that  the  city  shall  be  built  according  to  a  precon- 
ceived scheme,  or  plan,  which  shall  include  streets,  parks, 
play-grounds,  transportation,  markets,  and  the  regulation 
of  the  height  and  use  of  buildings.  If  municipal  develop- 
ment should  proceed  in  accordance  with  such  a  precon- 
ceived plan  the  population  would  be  assured  of  healthful 
housing  conditions,  the  best  means  of  communication  be- 
tween the  different  parts  of  the  city  would  be  established, 
the  best  architectural  effects  would  be  achieved,  and  many 
of  the  ugly  and  unwholesome  features  of  city  life  would 
be  erased.  From  the  nature  of  things,  city  planning  is  a 
reform  that  is  practicable  on  an  extensive  scale  only  in 
small  cities  that  are  just  starting  on  the  road  to  a  larger 
growth.     The   most   conspicuous   instance   in   the   United 


420  THE  AMERICAN  DEMOCRACY 

States  of  the  deliberate  planning  of  a  large  city  is  our 
beautiful  national  capital.  City  planning  is  receiving  the 
favorable  attention  of  law-makers,  and  in  a  number  of 
States  city  planning  commissions  have  been  created  by 
law. 

Municipal  Recreation.  City  planning  that  is  wisely  con- 
ceived will  make  ample  provisions  for  popular  amusement 
and  recreation.  In  the  case  of  young  people  the  impulse 
for  sport  is  irresistible.  But  in  a  large  city  there  is  no  suit- 
able place  where  children  may  play  in  the  right  way  unless 
a  play-ground  is  specially  set  apart  for  them.  This  fact 
is  receiving  recognition  and  the  movement  for  municipal 
play-grounds  is  nation-wide.  In  some  States,  as  in  Cali- 
fornia and  Idaho,  the  law  specifically  authorizes  the  main- 
tenance of  play-grounds  at  public  expense.  In  a  number 
of  cities  there  have  been  created  recreation  commissions 
whose  duty  is  to  direct  and  supervise  the  municipal  play- 
grounds. Thus  to  provide  means  of  recreation  for  the 
young  is  becoming  a  regularly  exercised  function  of  munici- 
pal government. 

In  our  plans  for  municipal  recreation  adults  should  not 
be  overlooked:  for  not  by  bread  alone  does  man  live.  His 
spirit  yearns  for  the  buoyancy  that  comes  with  amusement. 
Now  that  we  have  the  eight -hour  day,  workers  have  more 
leisure  than  they  have  ever  had  before,  What  shall  they 
do  with  this  leisure?  Public  policy  demands  that  they  be 
given  an  opportunity  to  spend  a  portion  of  their  idle 
time  at  games  and  sports  and  feats  of  strength.  That  is 
to  say,  there  should  be  public  athletic  grounds,  gymnasi- 
ums, and  swimming-pools,  so  that  the  leisure  of  workers 
may  be  consumed  in  a  wholesome  manner.  If  this  oppor- 
tunity is  denied  it  may  be  that  Satan  will  direct  the  activi- 
ties of  the  idle  hours,  with  the  result  that  increased  leisure 
will  mean  increased  vice  and  crime.  But  divert  the  idle 
hours  with  legitimate  and  healthful  forms  of  recreation, 
and  crime  will  be  decreased.    Wherever  a  recreation  center 


URBAN  AMERICA  421 

is  established  in  a  community,  there  is  a  surprising  falling 
off  of  arrests  among  juvenile  delinquents.  ''Recreation," 
says  Miss  Jane  Adams,  ''is  stronger  than  vice,  and  recrea- 
tion alone  can  stifle  the  lust  for  it." 

Community  or  Civic  Center.  Another  agency  for  utiliz- 
ing the  leisure  of  city  dwellers  and  directing  their  energies 
toward  better  things  is  the  community  or  civic  center. 
This  is  an  organization  composed  of  all  adult  citizens  liv- 
ing within  the  boundaries  of  a  certain  neighborhood  or 
community.  The  logical  center  of  the  community  group  is 
the  school-house,  for  this  building  is  the  property  of  the 
people,  and  its  location  is  usually  convenient  for  all  the 
members  of  the  community  center.  So  far  is  this  true  that 
in  California,  Indiana,  Illinois,  and  in  other  States,  every 
public  school  is  by  law  declared  to  be  a  civic  center.  The 
underlying  purpose  of  the  community  center  is  to  give  to 
the  people  of  a  neighborhood  an  opportunity  to  meet  and 
discuss  public  affairs.  It  is  thus  a  little  democracy,  and  in 
a  sense  is  a  revival  of  the  New  England  town-meeting  (p. 
198). 

Two  benefits  of  priceless  value  flow  from  the  community 
center.  In  the  first  place,  it  creates  a  spirit  of  neighbor- 
liness.  In  large  cities  this  spirit  is  often  non-existent. 
People  live  next  door  to  each  other  for  years  without  even 
so  much  as  speaking  to  each  other.  The  result  is  that  the 
city  man  is  sometimes  as  far  removed  from  social  inter- 
course as  is  the  hermit  on  the  lonely  seashore.  Of  course, 
such  solitude  is  anti-social  in  its  effect.  An  eminent  phil- 
osopher (Huxley)  has  said  that  in  a  crowded  city  a  civil- 
ized man  may  easily  become  a  savage  by  reason  of  an  iso- 
lated existence.  At  the  community  center  people  become 
acquainted  with  one  another  and  learn  to  like  one  another 
and  become  neighbors  in  fact  as  well  as  in  name.  In  the 
second  place,  the  community  center  makes  for  a  more  vigor- 
ous democracy.  It  was  at  such  meetings  that  democracy 
had  its  birth  (p.  17).     And  it  may  be  that  the  discussions 


422  THE  AMERICAN  DEMOCRACY 

and  speeches  and  debates  in  thousands  of  little  community 
centers  will  give  a  new  meaning  to  popular  government  and 
a  new  measure  of  happiness  to  the  American  nation. 

Questions  on  the  Text 

1.  Give  an  account  of  modern  urban  growth  and  of  the  extent  of 
municipal  functions. 

2.  Name  the  leading  public  utilities.  What  is  the  principal  ques- 
tion involved  in  the  ownership  of  a  public  utility?  To  what  extent 
is  there  public  ownership  in  the  United  States  ?  Show  how  the  fran- 
chise is  a  most  important  factor  in  public-utility  problems. 

3.  What  leads  to  overcrowding  in  cities?  Show  that  land  plays 
an  important  part  in  the  housing  problem.  In  what  way  is  it  likely 
that  the  housing  problem  will  have  to  be  solved? 

4.  What  does  systematic  city  planning  undertake  to  do? 

5.  Why  should  opportunity  for  recreation  be  provided  by  the 
municipal  authorities? 

6.  What  is  a  community  center?  What  benefits  may  be  derived 
from  community  centers? 

Suggestive  Questions  and  Exebcises 

1.  Prepare  a  chart  showing  graphically  the  percentage  of  urban 
population  in  the  United  States  at  each  decennial  census. 

2.  In  a  list  of  one  hundred  of  the  largest  cities  of  the  world,  how 
many  of  the  cities  are  in  the  United  States? 

3.  Enumerate  the  functions  of  the  government  of  the  mxmicipality 
in  which  you  live.  What  things  are  done  by  your  city  government 
that  ought  to  be  done  by  private  enterprise?  What  things  are  done 
by  private  enterprise  in  this  city  that  ought  to  be  done  by  the  mu- 
nicipal government? 

4.  Has  this  city  a  public-utility  problem?  Are  public  utilities  in 
the  city  in  the  hands  of  the  municipality? 

5.  Do  the  laws  of  the  State  permit  a  municipality  to  operate 
street  railways  ?  If  so,  in  what  cities  in  the  State  is  there  mimicipal 
ownership  of  the  street  railways? 

6.  Are  housing  conditions  in  this  city  satisf a-ctory  ?  If  not,  what 
reforms  are  desirable? 

7.  If  your  city  should  undertake  the  operation  of  all  its  public 
utilities,  by  whom  would  the  movement  be  supported?  By  whom 
would  it  be  opposed? 

8.  Is  there  a  city  planning  commission  in  this  State?  If  so,  give 
an  account  of  its  powers.  Should  the  policy  of  city  planning  be 
adopted  in  this  city? 

9.  Give  an  account  of  municipal  recreations  in  this  city;  of  the 
community  centers. 

10.  Describe  the  organization  and  purpose  of  any  civic  society  of 
which  you  may  have  knowledge.  Are  you  a  member  of  any  society 
of  this  kind? 


URBAN  AMERICA  423 

Topics  for  Special  Wobk 

1.  Character  of  City  Populations:  Goodnow  and  Bates,  25-43. 

2.  The  Problem  of  the  City:  Ellwood,  275-298. 

3.  The  Health  of  the  City:  Zueblin,  326-358. 

4.  The  Housing  Problem:   Howe,  273-288, 

5.  The  City  and  the  Public  Service  Corporation:  Howe,  272-288. 

6.  Social  Centers :  Zueblin,  252-270. 

7.  City  Planning:  Zueblin,  326-358. 


LII 
RURAL  AMERICA 

Having  considered  some  of  the  problems  connected  with  urban 
America,  we  may  pass  now  to  the  subject  of  rural  America,  and 
learn  of  the  conditions  that  surround  rural  life  and  the  measures 
that  have  been  taken  by  the  government  to  make  the  farm  an  effec- 
tive industrial  unit  and  to  solve  the  problems  of  the  country-side. 

Decline  of  the  Rural  Population.  In  the  all-important 
matter  of  population  we  find  a  condition  in  rural  America 
that  is  just  the  opposite  of  that  which  prevails  in  urban 
America.  In  the  case  of  cities  the  tendency  is  toward  an 
increase  of  population;  in  the  agricultural  area  the  tend- 
ency is  toward  a  decrease.  "Canals,"  says  L.  H.  Bailey, 
"railroads,  telegraphs,  postal  routes,  have  drained  the  coun- 
try into  the  city.  Wealth  has  been  piled  up  at  the  termi- 
nals, which  are  the  trading-places,  until  society  has  become 
ganglionic  in  its  organization."  This  movement  of  the 
population  toward  the  city  is  apparent,  to  a  greater  or  less 
extent,  in  almost  every  section  of  the  United  States.  It  is 
especially  apparent  in  the  East.  Rural  communities  in 
some  parts  of  New  England  have  a  smaller  population  than 
they  had  one  hundred  years  ago,  while  in  most  of  the  rural 
counties  of  the  State  of  New  York  there  is  a  decline  in 
population. 

In  those  regions  where  a  decline  in  the  rural  popula- 
tion is  clearly  seen  agriculture  itself  is  on  the  decline. 
As  the  region  is  depleted  of  its  inhabitants,  methods  of 
tillage  become  more  primitive  and  farming  becomes  a  de- 
cadent occupation.  This  flow  of  population  away  from  ag- 
ricultural districts,  therefore,  is  a  matter  of  deep  public 
concern.     For  agriculture  is  our  basic  industry,  and  must 

424 


EURAL  AMERICA  425 

continue  to  be  our  basic  industry;  and  anything  that 
undermines  agriculture  undermines  the  very  structure  of 
the  American  nation. 

Conditions  of  Rural  Life.  Why  is  the  tide  flowing  toward 
the  city?  Why  is  the  country  being  depleted  of  its  popu- 
lation? The  answer  is  to  be  found,  of  course,  in  the  con- 
ditions prevailing  in  rural  districts.  Broadly  speaking, 
men  leave  the  country  and  seek  a  home  in  the  city  because 
urban  conditions  of  living  are  more  attractive  than  rural 
conditions.  In  the  fields  the  hours  of  labor  are  long,  the 
toil  is  severe,  and  the  day  is  apt  to  be  spent  in  solitude, 
without  companionship  and  without  cheer.  Then,  the  civil- 
ization of  the  country  is  crude  compared  with  that  of 
the  city.  Rural  comforts  and  conveniences  are  few,  while 
amusements  and  diversions  are  lacking.  The  result  is  that 
life  in  the  country  seems  flat  and  monotonous.  In  the  city 
it  is  far  different.  Here  the  hours  of  labor  are  shorter, 
toil  seems  lighter,  companions  are  always  near  at  hand, 
comforts  and  conveniences  of  every  kind  may  be  enjoyed, 
amusements  of  all  sorts  are  provided,  and  existence  in  gen- 
eral seems  to  be  full  of  delight  and  charm.  So,  led  away 
by  the  glare  of  the  city,  the  countryman  abandons  the  dull, 
gray  life  of  the  farm. 

Since  this  drainage  of  the  country  into  the  city  is  due 
chiefly  to  the  forbidding  conditions  of  rural  life,  the  move- 
ment to  the  city  can  be  checked  only  by  improving  the  en- 
vironment of  rural  dwellers.  If  workers  are  to  be  kept 
on  the  farm  in  numbers  sufficient  to  feed  the  nation,  the 
country-side  must  be  made  so  attractive  that  the  bright 
lights  of  the  city  will  fail  to  allure.  Rural  conditions  must 
undergo  such  a  betterment  that  farming  as  an  occupation 
will  be  just  as  agreeable  and  just  as  profitable  as  any  occu- 
pation on  earth.  '^Our  civilization,"  said  Theodore  Roose- 
velt, ''rests  at  bottom  on  the  wholesomeness,  the  attractive- 
ness, and  the  completeness,  as  well  as  the  prosperity,  of  life 
in  the  country."    How  can  rural  conditions  be  so  trans- 


426  THE  AMERICAN  DEMOCRACY 

formed  that  the  country  as  an  abiding-place  will  compete 
successfully  with  the  city  ?  It  is  in  the  answer  to  this  ques- 
tion that  the  rural  problem  will  find  its  solution. 

The  Federal  Government  and  the  Farmer.  In  the  great 
work  of  improving  rural  conditions  the  federal  government 
is  a  powerful  agency.  The  vast  importance  of  the  farm 
has  been  recognized  by  our  national  law-makers,  and  com- 
prehensive measures  have  been  taken  by  Congress  for  the 
advancement  of  agriculture. 

Foremost  among  governmental  agencies  working  for  the 
benefit  of  the  farmer  is  the  federal  Department  of  Agricul- 
ture. We  have  already  learned  of  the  services  rendered 
by  this  department  in  connection  with  the  conservation  of 
our  natural  resources  (p.  353).  But  conservation  is  only 
one  of  the  interests  of  the  great  department.  Its  numerous 
bureaus  and  offices  touch  agriculture  at  every  point  and 
assist  the  farmer  in  almost  every  situation.  Its  Bureau  of 
Soils  studies  the  physical  and  chemical  property  of  soils 
with  the  view  of  instructing  the  farmer  in  the  fertility  of 
his  land  and  giving  him  valuable  hints  as  to  the  use  of 
fertilizers  and  the  rotation  of  crops.  Its  Bureau  of  Plant 
Industry  studies  plant  life  in  its  relation  to  agriculture, 
making  researches  into  the  diseases  of  plants  and  discover- 
ing methods  of  curing  and  warding  off  such  diseases.  Ita 
Bureau  of  Animal  Industry  investigates  the  nature  of  com- 
municable diseases  dangerous  to  live  stock,  and  takes 
measures  for  their  extirpation.  Its  Bureau  of  Entomology 
studies  insect  life  with  the  view  of  discovering  what  insects 
are  beneficial  to  the  farmer  and  what  are  injurious.  Its 
Bureau  of  Biological  Survey  studies  the  geographical  dis- 
tribution of  animals  and  plants,  and  investigates  the  eco- 
nomic relations  of  birds  and  mammals,  recommending  meas- 
ures for  the  preservation  of  beneficial  and  the  destruction 
of  injurious  species.  Its  Weather  Bureau,  besides  making 
forecasts  of  the  weather  for  the  benefit  of  sailors  and  those 
who  dwell  on  the  seashores,  gives  to  farmers  also  timely 


KURAL  AMERICA  427 

warning  of  approaching  storms,  frosts,  and  floods.  Its 
Bureau  of  Crop  Estimates,  assisted  by  more  than  150,000 
volunteer  observers  scattered  over  the  country,  collects 
facts  as  to  growing  crops,  and  makes  estimates  of  the  prob- 
able yield  that  may  be  expected,  thus  giving  the  farmer  a 
useful  hint  both  as  to  prices  and  as  to  the  acreage  that  may 
be  wisely  devoted  to  this  or  that  crop.  Its  Office  of  Markets 
and  Rural  Organization  makes  a  study  of  cooperative  or- 
ganization among  farmers  for  the  purpose  of  extending 
such  organization  more  widely,  and  spreads  information 
regarding  uniform  methods  in  the  marketing  and  distribu^ 
tion  of  farm  products.  Its  Division  of  Publications  sends 
out  every  year  to  farmers  in  all  parts  of  the  country  mil- 
lions and  millions  of  pamphlets  and  bulletins  containing 
information  pertaining  to  every  branch  of  agriculture. 

A  great  deal  of  the  work  of  the  Department  of  Agricul- 
ture is  of  a  scientific  character  and  is  done  in  laboratories 
in  the  city  of  Washington,  the  results  of  the  investigations 
of  the  laboratory  being  published  and  distributed  broad- 
cast to  those  who  want  them.  But  many  of  the  activities 
of  the  Department  are  entirelj^  practical  in  character  and 
are  of  direct  assistance  to  the  farmer.  Specialists  in  road 
construction  are  sent  hither  and  thither  by  the  Bureau  of 
Public  Roads  and  Rural  Engineering  to  give  instruction 
in  the  best  methods  of  building  highways  (p.  332). 
Through  its  Office  of  Experiment  Stations  the  Department 
assists  experiment  stations  all  over  the  country  in  their 
investigations  of  local  agricultural  conditions  and  in  their 
efforts  to  discover  the  most  profitable  methods  of  tilling  and 
improving  the  soil.  The  States  Relation  Service  has  charge 
of  an  elaborate  plan  of  extension  work  in  agriculture  and 
home  economics,  which  is  provided  for  in  the  Smith-Lever 
Act  of  1914  and  which  involves  the  cooperation  of  the  fed- 
eral department  with  State  agricultural  colleges. 

The  head  and  front  of  the  extension  work  is  the  county 
agent,  who  acts  as  a  joint  representative  of  the  local  com- 
munity,  the   State  college,   and  the  federal   department. 


428  THE  AMERICAN  DEMOCRACY 

The  county  agent  spends  a  large  part  of  his  time  with  the, 
farmers  in  their  fields  and  barns.  He  talks  to  farmers  at 
their  meetings;  he  shows  them  how  the  soil  may  be  best 
prepared  for  planting ;  he  gives  them  advice  as  to  the  proper 
use  of  fertilizers;  he  instructs  them  in  business  methods: 
he  organizes  them  for  purposes  of  cooperative  effort.  One 
of  his  duties  is  to  organize  boys  and  girls  into  clubs  for 
the  competitive  growing  of  crops,  the  raising  of  pigs  and 
poultry,  and  the  canning  of  vegetables.  Women  county 
agents,  or  home  demonstration  agents,  supplementing  the 
efforts  of  the  regular  county  agent,  carry  the  extension 
work  into  the  rural  home  and  instruct  the  wives  of  the 
farmers  in  the  elements  of  home  economics,  teaching  them 
useful  lessons  relating  to  diet,  the  conservation  of  food 
and  clothing,  the  purchase  of  household  supplies,  and 
other  matters  relating  to  household  economy. 

Another  federal  agency  established  for  the  promotion 
of  agriculture  is  the  system  of  Farm  Loan  Banks,  which 
reaches  intimately  into  the  rural  districts  and  operates  on 
terms  suited  to  the  needs  of  farmers.  Before  this  system 
was  established  (in  1916)  farmers  were  at  a  disadvantage 
in  the  matter  of  credit;  they  could  not  borrow  money  on 
terms  as  favorable  and  with  as  much  freedom  as  it  could 
be  borrowed  by  those  engaged  in  manufacturing  or  com- 
mercial enterprises.  But  the  Farm  Loan  Bank  puts  farm- 
ers on  an  equality  with  all  other  persons  having  genuine  as- 
sets for  security.  Any  owner  of  a  farm  needing  money  for 
certain  purposes  connected  with  farming  may  borrow  from 
a  Farm  Loan  Bank  for  a  long  term  at  a  low  rate  of  interest 
and  pay  off  his  debt  in  small  equal  annual  instalments. 
For  example,  if  a  farmer  needs  a  thousand  dollars  with 
which  to  build  a  barn,  he  can  borrow  the  money  and  arrange 
to  repay  it,  principal  and  interest,  in  equal  fixed  sums  dur- 
ing a  pericid  not  shorter  than  ^ve  years  nor  longer  thajji 
fifty  years.  If,  at  any  time  after  five  years,  he  wishes  to 
make  larger  payment  on  the  loans  and  thus  pay  off  the 
debt  more  quickly,  he  is  permitted  to  do  so. 


RURAL  AMERICA  429 

The  State  Government  and  the  Fanner.  The  federal 
government  does  not  work  alone  in  its  efforts  to  improve 
the  condition  of  the  farmer,  for  in  every  State  there  is  an 
administrative  agency  of  some  kind  devoted  to  agriculture. 
In  about  half  the  States  this  agency  is  a  regularly  organ- 
ized department  of  agriculture,  the  head  of  which  is  usually 
appointed  by  the  governor,  although  in  some  cases  he  is 
elected  by  the  voters  of  the  State.  In  States  that  have  no 
regularly  organized  department  of  agriculture,  the  organ- 
ization devoted  to  the  farmers'  interest  is  a  board  or  a 
society  that  concerns  itself,  in  one  way  or  another,  with  the 
exploitation  of  the  agricultural  resources  of  the  State,  and 
that  carries  out  plans  for  the  holding  of  conventions  and 
fairs.  In  some  cases,  as  in  Michigan,  and  Colorado,  the 
board  of  agriculture  manages  the  affairs  of  the  State  agri- 
cultural college. 

Upon  the  State  department  of  agriculture  rests  the  duty 
of  caring  for  the  peculiar  needs  of  the  farmers  within  the 
State.  The  functions  of  the  State  agency,  therefore,  are 
local  rather  than  national  in  character  and  scope.  In  some 
cases  these  functions  are  performed  in  a  satisfactory  and 
praiseworthy  manner,  the  State  department  of  agriculture 
being  generously  supported,  well  organized,  and  alert  in 
its  efforts  to  improve  rural  conditions.  In  not  a  few  cases, 
however,  the  State  deals  with  its  agricultural  problems  in 
a  careless,  haphazard  manner.  This  neglect  is  due  too  often 
to  the  fact  that  the  State  relies  upon  the  department  at 
Washington  to  do  the  things  it  ought  itself  to  do.  Such 
an  attitude  of  reliance  is  contrary  to  the  spirit  of  our  po- 
litical system.  Farmers  ought  not  to  ask  the  federal  gov- 
ernment to  render  services  that  can  be  rendered  best  by 
local  institutions. 

The  farmer  is  assisted  not  only  by  an  administrative 
department  of  the  State  government,  but  also  by  educa- 
tional agencies  that  are  either  supported  by  the  State  or 
established  by  its  authority.  In  more  than  2,500  high 
schools  pupils  are  given  elementary  instruction  in  farming. 


430  THE  AMERICAN  DEMOCRACY 

In  about  70  State  agricultural  colleges,  more  than  100,- 
000  students  receive  scientific  instruction  in  agriculture. 
At  some  of  our  State  universities,  as  at  Cornell  University 
and  the  universities  of  Ohio,  Illinois,  Wisconsin,  Kansas, 
Iowa,  and  California,  the  work  done  in  agricultural  sub- 
jects is  on  an  extensive  scale  and  is  of  a  highly  practical 
character. 

The  Local  Government  and  the  Farmer.  We  have  now 
learned  that  the  federal  government,  and  in  most  cases  the 
State  government  also,  are  active  in  their  efforts  to  help 
the  farmer.  What  does  the  locality  do  for  the  farmer? 
What  are  the  distinct  agricultural  functions  of  the  county 
and  of  the  township?  Oddly  enough,  when  we  make  a 
survey  of  rural  America  throughout  its  whole  extent,  we 
find  that  neither  the  county  government  nor  the  township 
government  contributes  very  much  either  to  the  promotion 
of  agriculture  or  to  the  solution  of  rural  problems.  There 
are  exceptions  here  and  there,  it  is  true,  but  generally 
the  very  governments  that  are  closest  to  the  farmer  are 
doing  the  least  for  the  betterment  of  rural  conditions. 
Aside  from  the  management  of  the  district  schools  and  the 
care  of  the  roads,  the  rural  political  organization  has  few 
functions  that  are  of  vital  importance  to  a  farming  com- 
munity. In  some  States  even  the  care  of  the  roads  is  be- 
ing transferred  from  the  locality  to  the  State  (p.  331). 

It  would  seem,  then,  that  the  rural  governments  ought 
to  have  more  power;  that  in  planning  for  the  administra- 
tion of  the  county  and  township  the  laws  ought  to  give 
these  civil  divisions  sufficient  authority  to  deal  with  all 
rural  problems  in  an  effective  manner.  For  the  country- 
side, no  less  than  the  city,  has  problems  that  require  the 
attention  of  government.  The  country  has  its  slums ;  often 
it  has  surface  conditions  that  produce  disease;  it  has  need 
for  hospital  facilities,  for  public  libraries,  for  amusements 
and  popular  diversions.  In  truth,  rural  problems  in  many 
respects  are  identical  with  urban  problems.     Yet  the  unin- 


RUKAL  AMERICA  431 

corporated  rural  community  is  scantily  supplied  with  au- 
thority to  deal  with  its  questions,  while  the  incorporated 
place  is  given  power  with  a  lavish  hand. 

Still,  it  is  by  no  means  certain  that  a  mere  augmentation 
of  the  powers  of  the  rural  governments  would  go  far  to- 
ward making  the  country-side  the  place  it  must  be  if  the 
rural  problem  is  to  be  really  solved.  For  the  trouble  in- 
volves not  only  the  question  of  power  but  the  question  of 
territorial  jurisdiction.  A  painstaking  study  of  the  struc- 
ture of  rural  society  seems  to  show  that  the  lines  that  bound 
the  township  are  not,  as  a  rule,  the  lines  that  bound  a  dis- 
tinct rural  community  unit,  a  community  knit  together 
by  social  and  economic  ties.  Yet  rural  society  is  made  up 
of  distinct  community  units.  At  the  center  of  the  unit 
is  a  village  (or  city).  Surrounding  this  village  or  civic 
center  is  an  irregularly  shaped  farming  district,  the  outer 
edge  of  which  is  the  boundary  of  the  community.  The 
farmers  living  within  the  community  trade  at  the  civic 
center,  have  their  banking  interests  there,  attend  church 
there,  patronize  the  high  school  there,  and  secure  their 
reading  matter  from  the  public  library  there.  That  is  to 
say,  the  commercial,  the  financial,  the  religious,  the  educa- 
tional, and  the  intellectual  interests  of  the  farmers  are 
focused  at  the  civic  center.  In  turn,  too,  the  interests  of 
the  inhabitants  of  the  village  are  inextricably  bound  up  with 
the  interests  of  the  rural  zone.  So  we  may  say  that  the 
farming  district  and  civic  center,  taken  together,  constitute 
a  rural  community  unit,  in  the  true  sense  of  the  term. 

Students  of  rural  life  have  suggested  that  existing  town- 
ship lines  be  erased  and  that  a  new  political  division  be 
created,  the  boundaries  of  the  new  division  to  be  conter- 
minous with  the  natural  rural  community  unit.  Mr.  C. 
J.  Galpin  would  call  this  unit  a  borough.  "The  rural 
borough,"  he  says,  ''shall  be  the  basal  unit  of  rural  struc- 
ture of  community  scale  and  character,  standing  above 
the  family  unit  and  above  the  neighborhood  unit,  and  con- 
sisting: of  both  the  business  center  and  the  land  founda- 


432  THE  AMERICAN  DEMOCRACY 

tion.  This  business  center  is  the  borough  town.  The  land 
foundation  is  borough  land."  Such  a  reorganization,  it  is 
contended,  would  give  rural  America  a  political  instrument 
that  would  enable  the  people  of  the  town  and  the  people 
of  the  country  to  work  together  for  the  advancement  of 
the  common  good.  For,  where  an  urban  community  and 
a  farming  district  are  held  firmly  together  by  social  and 
economic  ties,  the  interest  of  townsmen  and  the  interests 
of  the  farmers  are  inseparable. 

Farmers'  Associations.  Since  local  governments,  as  con- 
stituted at  present,  do  not  readily  lend  themselves  to  the 
betterment  of  rural  conditions,  the  farmer  must  rely 
largely  upon  voluntary  organization  for  the  protection  and 
promotion  of  his  interests  and  the  development  of  the 
country-side.  Taken  as  a  body,  the  farmers  of  the  nation 
have  been  active  in  forming  organizations  for  mutual  profit 
and  improvement.  The  Farmers'  Alliance  has  a  member- 
ship of  several  millions.  In  iabout  8,000  communities 
there  are  Granges,  comprised  of  farmers  organized  for 
social  and  educational  purposes  as  well  as  for  the  advance- 
ment of  agriculture.  In  thousands  of  communities,  too, 
there  are  held  regularly  Farmers'  Institutes,  which  serve 
as  clearing-houses  for  the  exchange  of  knowledge  bearing 
upon  the  occupation  of  farming  and  which  give  to  millions 
of  farmers  an  opportunity  to  hear  popular  lectures.  Then 
in  many  a  locality  there  is  a  rural  social  center  or  a  country 
church  which  strengthens  the  bonds  of  social  union  and 
fosters  the  spirit  of  democracy. 

These  volunteer  associations  are  replete  with  hope  and 
promise.  They  show  that  the  farmer  is  relying  upon  him- 
self ;  that  he  has  within  himself  the  personal  starting-power 
and  enthusiasm  that  are  indispensable  to  a  successful  solu- 
tion of  the  problems  of  rural  life.  Rural  America  will 
be  made  as  attractive  as  urban  America,  not  by  those  who 
live  in  the  city,  but  by  the  farmers  themselves.  For  only 
the  farmer  can  discern  the  real  needs  of  a  rural  community. 


Village  or  c/ty  CE:nTER  MB  Trade  at  ortE  CEnrER 

Trade  at  ry/o  or  more  CE/irER3   I      I  Trade  outside  the  coutity 

TRADE   COMMUNITIES 

Map  of  Walworth  Co.,  Wisconsin  showing  that  the  villages  and  cities  of  the  county 
serve  as  trade  centers  for  the  farm  homes  precisely  as  for  the  village  and  city  homes, 
and  that  all  the  homes  trading  at  the  same  center  form  a  trade  community.  These 
same  villages  and  cities  are  also  banking  centers,  milk  centers,  high  school  centers, 
and  library  centers.     See  C.  J.  Galpin's  Rural  Life,  p.  74. 


RURAL  AMERICA  433 

*'I  want  to  see/'  says  Dr.  Bailey,  ''the  development  of  a 
virile  and  effective  rural  society ;  and  I  know  such  a  society 
can  come  as  the  result  of  forces  arising  out  of  the  country 
as  a  natural  experiment  of  the  country  itself,  not  as  a  re- 
flection or  transplanting  of  city  institutions.  The  country 
must  develop  its  own  ideals  and  self-respect.  .  .  .  The 
countryman  needs  more  social  life;  but  his  entertainment 
and  contentment  must  come  largely  out  of  his  occupation 
and  his  content  with  nature,  not  from  mere  extraneous  at- 
tractions. ' ' 

Questions  on  the  Text 

1.  To  what  extent  is  our  rural  population  declining?  Why  is 
this  decline  a  cause  of  regret? 

2.  Contrast  rural  living  conditions  with  urban  conditions.  State 
the  rural  problem. 

3.  Sketch  briefly  the  services  of  the  federal  Department  of  Agri- 
culture. What  are  some  of  the  direct,  practical  things  done  by  the 
department?  Give  an  account  of  the  services  of  the  county  agent. 
In  what  way  are  farmers  helped  by  the  Farm  Loan  Banks? 

4.  What  is  done  by  the  State  for  the  promotion  of  agriculture? 

5.  What  can  you  say  of  the  services  rendered  by  the  local  govern- 
ments for  the  betterment  of  rural  life?  What  reform  in  the  local 
government  has  been  suggested?  Upon  what  idea  is  the  proposed 
reform  based? 

6.  To  what  extent  have  farmers  organized  for  the  promotion  of 
their  interests? 

Suggestive  Questions  and  Exebcises 

(For  students  in  rural  communities) 

1.  Are  the  towns  in  this  county  growing  in  population?  Is  the 
farming  population  in  this  county  increasing? 

2.  Do  men  who  work  on  the  farms  in  this  county  recfeive  as  good 
a  wage  as  those  who  work  in  the  towns? 

3.  Make  a  map  of  this  county  showing  the  boundaries  of  the  trade 
communities.  Prepare  another  map  showing  the  communities  that 
are  areas  of  high  school  attendance.  Prepare  still  another  map 
showing  the  communities  that  are  the  areas  of  church  attendance. 
Compare  the  boundaries  of  the  communities  on  each  map  and  discover 
to  what  extent  the  communities  are  conterminous. 

4.  If  you  live  in  a  township,  compare  the  township  boimdaries 
with  the  boundaries  of  the  social  and  economic  community  unit  in 
which  you  live. 

5.  In  North  Carolina  the  farmers  of  a  community  are  given  the 
right  of  associating  together  in  a  legal  way  with  the  privileges  of  a 


434  THE  AMERICAN  DEMOCRACY 

municipality.     Would  you  ask  the  same  right  for  the  farmers  of  this 
State? 

A  hint  on  reading.     For  the  subject  of  Rural  America,  read  C.  J. 
Galpin's  Rural  Lif«. 


APPENDIX  A 


THE  AMERICAN  DEMOCRACY 
THE  CONSTITUTION 

OF   THE 

UNITED  STATES  OF  AMERICA 

We  the  People  of  the  United  States,  in  Order  to  form  a  1 
more  perfect  Union,  establish  Justice,  insure  domestic 
Tranquillity,  provide  for  the  common  defence,  promote 
the  general  Welfare,  and  secure  the  Blessings  of  Liberty 
of  ourselves  and  our  Posterity,  do  ordain  and  establish 
this  Constitution  for  the  United  States  of  America. 

ARTICLE  I 

Section' 1.     All  legislative  Powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  con-  2 
sist  of  a  Senaje  and  House  of  Representatives. 

Section  2.     The  House  of  Representatives  shall  be  com- 
posed of  Members  chosen  every  second  Year  by  the  People  3 
of  the  several  States,  and  the  Electors  in  each  State  shall 
have  the  Qualifications  requisite  for  Electors  of  the  most  4 
numerous  Branch  of  the  State  Legislature. 

No  Person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  Years,  and  had  been  seven  5 
Years  a  Citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  Inhabitant  of  that  State  in  which  he  6 
shall  be  chosen. 

435 


436  APPENDIX 

Representatives  and  direct  Taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 

7  Union,  according  to  their  respective  Numbers,  which  shall 
be  determined  by  adding  to  the  whole  Number  of  free 
Persons,  including  those  bound  to  Service  for  a  Term  of 

8  Years,  and  excluding  Indians  not  taxed,  three  fifths  of  all 
other  Persons,^  The  actual  Enumeration  shall  be  made 
within  three  Years  after  the  first  Meeting  of  the  Congress 

9  of  the  United  States,  and  within  every  subsequent  Term 
of  ten  Years,  in  such  Manner  as  they  shall  by  Law  direct. 

10  The  Number  of  Representatives  shall  not  exceed  one  for 
every  thirty  Thousand,  but  each  State  shall  have  at  Least 
one  Representative;  and  until  such  enumeration  shall  be 
made,  the  State  of  New  Hampshire  shall  be  entitled  to 

11  chuse  three,  Massachusetts  eight,  Rhode-Island  and  Provi- 
dence Plantations  one,  Connecticut  five.  New  York  six, 
New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Mary- 
land six,  Virginia  ten,  North  Carolina  five.  South  Carolina 
five,  and  Georgia  three. 

12  When  vacancies  happen  in  the  Representation  from  any 
State,  the  Executive  Authority  thereof  shall  issue  Writs 
of  Election  to  fill  such  Vacancies. 

13  The  House  of  Representatives  shall  chuse  their  Speaker 

14  and  other  Officers;  and  shall  have  the  sole  Power  of  Im- 
peachment. 

15  Section  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  Legis- 
lature thereof,  for  six  Years;  and  each  Senator  shall  have 
one  Vote.2 

Immediately  after  they  shall  be  assembled  in  Conse- 
quence of  the  first  Election,  they  shall  be  divided  as  equally 
as  may  be  into  three  Classes.  The  Seats  of  the  Senators  of 
the  first  Class  shall  be  vacated  at  the  Expiration  of  the 
second  Year,  of  the  second  Class  at  the  Expiration  of  the 

1  The   clause   in   italics   superseded   by   the    13th   and   14th   Amendments. 

2  This   paragraph   was   superseded   by   the    17th   Amendment. 


APPENDIX  437 

fourth  Year,  and  of  the  third  Class  at  the  Expiration  of 
the  sixth  Year,  so  that  one  third  may  be  chosen  every  16 
second  Year;  and  if  Vacancies  happen  by  Resignation,  or 
otherwise,  during  the  Recess  of  the  Legislature  of  any 
State,  the  Executive  thereof  may  make  temporary  Ap- 
pointments until  the  next  Meeting  of  the  Legislature,  which  17 
shall  then  fill  such  Vacancies. 

No  Person  shall  be  a  Senator  who  shall  not  have  attained 
to  the  age  of  thirty  Years,  and  been  nine  Years  a  citizen  18 
of  the  United   States,   and  who   shall   not,   when   elected, 
be   an   Inhabitant   of  that   State   for  which   he   shall  be  19 
chosen. 

The  Vice  President  of  the  United  States  shall  be  Presi- 
dent of  the  Senate,  but  shall  have  no  Vote,  unless  they  be  20 
equally  divided. 

The  Senate  shall  chuse  their  other  Officers,  and  also  a 
President  pro  tempore,  in  the  Absence  of  the  Vice  Presi-  21 
dent,  or  when  he  shall  exercise  the  Office  of  President  of 
the  United  States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeach- 
ments. When  sitting  for  that  Purpose,  they  shall  be  on 
Oath  or  Affirmation.  When  the  President  of  the  United 
States  is  tried,  the  Chief  Justice  shall  preside :  And  no  Per-  22 
son  shall  be  convicted  without  the  Concurrence  of  two 
thirds  of  the  Members  present. 

Judgment  in  Cases  of  Impeachment  shall  not  extend  fur- 
ther than  to  removal  from  Office,  and  disqualification  to 
hold  and  enjoy  any  Office  of  honor.  Trust  or  Profit  under 
the  United  States:  but  the  Party  convicted  shall  neverthe- 
less be  liable  and  subject  to  indictment,  Trial,  Judgment 
and  Punishment,  according  to  Law. 

Section  4.     The  Times,  Places  and  Manner  of  holding  Elec- 
tions for  Senators  and  Representatives,  shall  be  prescribed 
in  each  State  by  the  Legislature  thereof;  but  the  Congress  24 
may  at  any  time  by  Law  make  or  alter  such  Regulations, 
except  as  to  the  Places  of  ehusing  Senators. 


438  APPENDIX 

The  Congress  shall  assemble  at  least  once  in  every  Year, 

25  .and  such  Meeting  shall  be  on  the  first  Monday  in  December, 

unless  they  shall  by  Law  appoint  a  different  Day. 

26  Section  5.  Each  House  shall  be  the  Judge  of  the  Elections, 
Returns  and  Qualifications  of  its  own  Members,  and  a  Ma- 

27  jority  of  each  shall  constitute  a  Quorum  to  do  business; 
but  a  smaller  Number  may  adjourn  from  day  to  day,  and 
may  be  authorized  to  compel  the  Attendance  of  absent 
Members,  in  such  Manner,  and  under  such  Penalties  as  each 
House  may  provide. 

28  Each  House  may  determine  the  Rules  of  its  Proceedings, 
punish  its  Members  for  disorderly  Behaviour,  and,  with  the 

29  Concurrence  of  two  thirds,  expel  a  Member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  Parts 
as  may  in  their  Judgment  require  Secrecy;  and  the  Yeas 
and  Nays  of  the  Members  of  either  House  on  any  question 

30  shall,  at  the  desire  of  one  fifth  of  those  Present,  be  entered 
on  the  Journal. 

Neither  House,   during  the   Session   of   Congress,   shall, 

31  without  the  Consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  Place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Section  6.     The  Senators  and  Representatives  shall  receive 

32  a  Compensation  for  their  Services,  to  be  ascertained  by 
Law,  and  paid  out  of  the  Treasury  of  the  United  States. 
They  shall  in  all  Cases,  except  Treason,  Felony  and  Breach 

33  of  the  Peace,  be  privileged  from  Arrest  during  their  At- 
tendance at  the  Session  of  their  respective  Houses,  and  in 
going  to  and  returning  from  the  same ;  and  for  any  Speech 
or  Debate  in  either  House,  they  shall  not  be  questioned 
in  any  other  Place. 

No  Senator  or  Representative  shall,  during  the  Time  for 

34  which  he  was  elected,  be  appointed  to  any  civil  Office  under 
the  Authority  of  the  United  States,  which  shall  have  been 
created,  or  the  Emoluments  whereof  shall  have  been  en- 


APPENDIX  439 

creased  during  such  time ;  and  no  Person  holding  any  Office  35 
under  the  United  States,  shall  be  a  Member  of  either  House 
during  his  Continuance  in  Office. 

Section  7.    All  Bills  for  raising  Revenue  shall  originate  in  36 
the  House  of  Representatives;  but  the  Senate  may  propose 
or  concur  with  Amendments  as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of  Repre-  37 
sentatives  and  the  Senate,  shall,  before  it  becomes  a  Law, 
be  presented  to  the  President  of  the  United  States;  If  he 
approve  he  shall  sign  it,  but  if  not  he  shall  return  it,  with  38 
his  Objections,  to  that  House  in  which  it  shall  have  origi- 
nated, who  shall   enter  the   Objections   at   large   on   their 
Journal,  and  proceed  to  reconsider  it.     If  after  such  Recon- 
sideration two  thirds  of  that  House  shall  agree  to  pass  39 
the  Bill,  it  shall  be  sent,  together  with  the  Objections,  to 
the  other  House,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two  thirds  of  that  House,  it  shall  be-  40 
come  a  Law.     But  in  all  such  Cases  the  Votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  Names  of 
the  Persons  voting  for  and  against  the  Bill  shall  be  en- 
tered on  the  Journal  of  each  House  respectively.     If  any 
Bill  shall  not  be  returned  by  the  President  within  ten  Days  41 
(Sundays  excepted)   after  it  shall  have  been  presented  to 
him,  the  Same  shall  be  a  Law,  in  like  Manner  as  if  he  had 
signed  it,  unless  the  Congress  by  their  Adjournment  pre- 
vents its  Return,  in  which  Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution, ^  or  Vote  to  which  the  Concur-  42 
rence  of  the  Senate  and  House  of  Representatives  may  be  43 
necessary  (extept  on  a  question  of  Adjournment)  shall  be 
presented  to  the  President  of  the  United  States ;  and  before 
the  Same  shall,  take  Effect,  shall  be  approved  by  him,  or 
being  disapproved  by  him,  shall  be  repassed  by  two  thirds 
of  the  Senate  and  House  of  Representatives,  according  to 
the  Rules  and  Limitations  prescribed  in  the  Case  of  a  Bill. 

1  Resolutions    of    Congress    proposing    amendments    to    the    Constitution    do 
not   require   the   assent  of  the   President. 


440  APPENDIX 

44  Section  8.  The  Congress  shall  have  Power  to  lay  and  col- 
lect Taxes,  Duties,  Imposts  and  Excises,  to  pay  the  Debts 

45  and  provide  for  the  common  Defence  and  general  Welfare 
of  the  United  States;  but  all  Duties,  Imposts  and  Excises 
shall  be  uniform  throughout  the  United  States; 

46  To  borrow  money  on  the  credit  of  the  United  States; 

47  To  regulate  Commerce  with  foreign  Nations,  and  among 
the  several  States,  and  with  the  Indian  Tribes; 

48  To  establish  an  uniform  Rule  of  Naturalization,  and 
uniform  Laws  on  the  subject  of  Bankruptcies  ^  throughout 
the  United  States; 

49  To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of  Weights  and  Measures; 

50  To  provide  for  the  Punishment  of  counterfeiting  the 
Securities  and  current  Coin  of  the  United  States; 

51  To  establish  Post  Offices  and  post  Roads; 

To  promote  the  Progress  of  Science  and  useful  Arts,  by 

52  securing  for  limited  Times  to  Authors  and  Inventors  the 
exclusive  Right  to  their  respective  Writings  and  Discov- 
eries ;  ^ 

53  To  constitute. Tribunals  inferior  to  the  supreme  Court; 

54  To  define  and  punish  Piracies  and  Felonies  committed 
on  the  high  Seas,  and  Offences  against  the  Law  of  Nations ; 

55  To  declare  W^ar,  grant  Letters  of  Marque  and  Reprisal, 
and  make  Rules  concerning  Captures  on  Land  and  Water ; 

1  A  bankrupt  law  enables  a  person  who  is  unable  to  pay  all  his  debts  to 
divide  what  property  he  has  among  his  creditors  proportionately  and  to  be 
discharged  from  legal  obligation  to  make  further  payment.  Congress  has 
absolute  power  in  the  matter  of  bankruptcy,  but  it  has  not  exercised  this 
power  continuously.  The  present  bankrupt  law  was  passed  in  1898.  In 
the  absence  of  legislation  by  Congress  the  State  regulates  the  subject  of 
bankruptcy. 

2  An  author  may  secure  a  copyright  on  a  book  by  sending  to  the  librarian 
of  Congress  at  Washington  a  copy  of  the  title-page  and  two  copies  of  the 
book  on  or  before  the  day  of  publication.  The  copyright  gives  an  exclusive 
right  to  sell  for  twenty-eight  years,  a  period  which  upon  application  may 
be  extended  twenty-eight  years.  A  patent  secures  to  an  inventor  the 
exclusive  right  to  manufacture  and  sell  his  invention  for  seventeen  years. 
Patents  are  secured  by  sending  to  the  Commissioner  of  Patents  at  Wash- 
ington a  working  model  of  the  thing  invented. 


APPENDIX  441 

To  raise  and  support  Armies,  but  no  Appropriation  of    56 
Money  to  that  Use  shall  be  for  a  longer  Term  than  two 
Years ; 

To  provide  and  maintain  a  Navy;  57 

To  make  Rules  for  the  Government  and  Regulation  of     58 
the  land  and  naval  Forces ; 

To  provide  for  calling  forth  the  Militia  to  execute  the     59 
Laws  of  the  Union,  suppress  Insurrections  and  repel  In- 
vasions ; 

To  provide  for  organizing,  arming,  and  disciplining,  the 
Militia,  and  for  governing  such  Part  of  them  as  may  be 
employed  in  the  Service  of  the  United  States,  reserving 
to  the  States  respectively  the  Appointment  of  the  officers, 
and  the  Authority  of  training  the  Militia  according  to  the  60 
discipline  prescribed  by  Congress; 

To  exercise  exclusive  Legislation  in  all  Cases  whatso- 
ever, over  such  District  (not  exceeding  ten  Miles  square) 
as  may,  by  Cession  of  particular  States,  and  the  Accep- 
tance of  Congress,  become  the  Seat  of  the  Government  and 
of  the  United  States,  and  to  exercise  like  Authority  over  62 
all  Places  purchased  by  the  Consent  of  the  Legislature  of 
the  State  in  which  the  Same  shall  be,  for  the  Erection  of 
Forts,  Magazines,  Arsenals,  dock-Yards,  and  other  need- 
ful Buildings; — And 

To  make  all  Laws  which  shall  be  necessary  and  proper  63 
for  carrying  into  Execution  the  foregoing  Powers,  and  all 
other  Powers  vested  by  this  Constitution  in  the   Govern- 
ment of  the  United  States,  or  in  any  Department  or  Officer 
thereof. 

[Section  9.  The  Migration  or  Importation  of  such  Persons 
as  any  of  the  States  now  existing  shall  think  proper  to 
admit,  shall  not  be  prohibited  by  the  Congress  prior  to  the 
Year  one  thousand  eight  hundred  and  eight,  but  a  Tax 
or  duty  may  be  imposed  on  such  Importation,  not  exceed- 
ing ten  dollars  for  each  Person.]  ^ 

1  This   clause  has   no  longer  any  significance. 


442  APPENDIX 

64  The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be 
suspended,  unless  when  in  Cases  of  Rebellion  or  Invasion 
the  public  Safety  may  require  it. 

65  No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

66  No  Capitation,  or  other  direct,  Tax  shall  be  laid,  unless 
in  Proportion  to  the  Census  or  Enumeration  herein  before 
directed  to  be  taken. 

67  No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from 
any  State. 

No  Preference  shall  be  given  by  any  Regulation  of  Com- 

68  merce  or  Revenue  to  the  Ports  of  one  State  over  those  of 
another :  nor  shall  Vessels  bound  to,  or  from,  one  State,  be 
obliged  to  enter,  clear,  or  pay  Duties  in  another. 

69  No  Money  shall  be  drawn  from  the  Treasury,  but  in  Con- 
sequence of  Appropriations  made  by  Law;  and  a  regular 

70  Statement  and  Account  of  the  Receipts  and  Expenditures 
of  all  public  Money  shall  be  published  from  time  to  time. 

71  No  Title  of  Nobility  shall  be  granted  by  the  United 
States :  And  no  Person  holding  any  Office  of  Profit  or  Trust 
under  them,  shall,  without  the  Consent  of  the  Congress, 
accept  of  any  present,  Emolument,  Office,  or  Title,  of  any 
kind  whatever,  from  any  King,  Prince,  or  foreign  State. 

72  Section  10.  No  State  shall  enter  into  any  Treaty,  Alli- 
ance, or  Confederation;  grant  Letters  of  Marque  and  Re- 
prisal; coin  Money;  emit  Bills  of  Credit;  make  any  Thing 
but  gold  and  silver  Coin  a  Tender  in  Payment  of  Debts; 

73  pass  any  Bill  of  Attainder,  ex  post  facto  Law,  or  Law  im- 
pairing the  Obligation  of  Contracts,  or  grant  any  Title 
of  Nobility. 

No  State  shall,  without  the  Consent  of  the  Congress,  lay 

74  any  Imposts  or  Duties  on  Imports  or  Exports,  except  what 
may  be   absolutely  necessary  for  executing  its  inspection 

75  Laws :  and  the  net  Produce  of  all  Duties  and  Imposts,  laid 
by  any  State  on  Imports  or  Exports,  shall  be  for  the  Use 
of  the  Treasury  of  the  United  States;  and  all  such  Laws 
shall  be  subject  to  the  Revision  and  Control  of  Congress. 


APPENDIX  443 

No  State  shall,  without  the  Consent  of  Congress,  lay  any 
Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  76 
of  Peace,  enter  into  any  Agreement  or  Compact  with  an- 
other State,  or  with  a  foreign  Power,  or  engage  in  War  77 
unless  actually  invaded,  or  in  such  imminent  Danger  as 
will  not  admit  of  delay. 


ARTICLE  II 

Section  1.     The  executive  Power  shall  be  vested  in  a  Presi-  78 
dent  of  the  United  States  of  America.     He  shall  hold  his 
Office  during  the  Term  of  four  Years,  and,  together  with  79 
the  Vice  President,  chosen  for  the  same  Term,  be  elected, 
as  follows 

Each  State  shall  appoint,  in  such  Manner  as  the  Legisla-  80 
ture  thereof  may  direct,  a  Number  of  Electors,  equal  to  the 
whole  Number  of  Senators  and  Representatives  to  which  81 
the  State  may  be  entitled  in  the  Congress :  but  no  Senator 
or  Representative,  or  Person  holding  an  Office  of  Trust  or 
Profit  under  the  United  States,  shall  be  appointed  an 
Elector. 

[The  Electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  two  Persons,  of  whom  one  at  least  shall  82 
not  be  an  Inhabitant  of  the  same  State  with  themselves. 
And  they  shall  make  a  List  of  all  the  Persons  voted  for, 
and  of  the  Number  of  Votes  for  each ;  which  List  they  shall 
sign  and  certify,  and  transmit  sealed  to  the  Seat  of  the 
Government  of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
Presence  of  the  Senate  and  House  of  Representatives,  open 
all  the  Certificates,  and  the  Votes  shall  then  be  counted. 
The  Person  having  the  greatest  Number  of  Votes  shall  be 
the  President,  if  such  Number  be  a  Majority  of  the  whole  83 
Number  of  Electors  appointed;  and  if  there  be  more  than 
one  who  have  such  a  Majority,  and  have  an  equal  Number 
of  Votes,  then  the  House  of  RcDresentatives  shall  immedi- 


444  APPENDIX 

ately  chuse  by  Ballot  one  of  them  for  President;  and  if 
no  Person  have  a  Majority,  then  from  the  five  highest  on 
the  List  the  said  House  shall  in  like  Manner  chuse  the  Presi- 
dent. But  in  chusing  the  President,  the  Votes  shall  be 
taken  by  States,  the  Representation  from  each  State  having 

84  one  Vote;  A  quorum  for  the  Purpose  shall  consist  of  a 
Member  or  Members  from  two  thirds  of  the  States,  and  a 
Majority  of  all  the  States  shall  be  necessary  to  a  Choice. 
In  every  Case,  after  the  Choice  of  the  President,  the  Per- 
son having  the  greatest  Number  of  Votes  of  the  Electors 

85  shall  be  the  Vice  President.  But  if  there  should  remain 
two  or  more  who  have  equal  Votes,  the  Senate  shall  chuse 
from  them  by  Ballot  the  Vice  President.]  ^ 

The  Congress  may  determine  the  Time  of  chusing  the 
Electors,  and  the  Day  on  which  they  shall  give  their  Votes ; 
which  Day  shall  be  the  same  throughout  the  United  States. 

No  Person  except  a  natural  born  Citizen,  or  a  Citizen  of 

86  the  United  States,  at  the  time  of  the  Adoption  of  this  Con- 
stitution, shall  be  eligible  to  the  Office  of  President ;  neither 
shall  any  Person  be  eligible  to  that  Office  who  shall  not 

87  have  attained  to  the  Age  of  thirty-five  Years,  and  been 
fourteen  Years  a  Resident  within  the  United  States. 

In  Case  of  the  Removal  of  the  President  from  Office,  or 
of  his   Death,  Resignation,   or  Inability  to   discharge  the 

88  Powers  and  Duties  of  the  said  Office,  the  Same  shall  devolve 
on  the  Vice  President,  and  the  Congress  may  by  Law  pro- 

89  vide  for  the  Case  of  Removal,  Death,  Resignation  or  In- 
ability, both  of  the  President  and  Vice  President,  declaring 
what  Officer  shall  then  act  as  President,  and  such  Officer 
shall  act  accordingly,  until  the  Disability  be  removed,  or 
a  President  shall  be  elected. 

The  President  shall,  at  stated  Times,  receive  for  his  Serv- 

90  ices,  a  Compensation  which  shall  neither  be  increased  nor 
diminished  during  the  Period  for  which  he  shall  have  been 
elected,  and  he  shall  not  receive  within  that  Period  any 
other  Emolument  from  the  United  States,  or  any  of  them. 

1  This  paragraph  has  been  superseded  by  the  12th  amendment. 


APPENDIX  445 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall 
take  the  following  Oath  or  Affirmation: — ''I  do  solemnly  91 
swear  (or  affirm)  that  I  will  faithfully  execute  the  Office 
of  President  of  the  United  States,  and  will  to  the  best  of 
my  Ability,  preserve,  protect  and  defend  the  Constitution 
of  the  United  States." 

Section  2.     The  President  shall  be  Commander  in  Chief  of  92 
the  Army  and  Navy  of  the  United  States,  and  of  the  Militia 
of  the  Several  States,  when  called  into  the  actual  Service 
of  the  United  States ;  he  may  require  the  Opinion,  in  writ-  93 
ing,  of  the  principal  Officer  in  each  of  the  Executive  De- 
partments, upon  any  Subject  relating  to  the  Duties  of  their 
respective  Offices,  and  he  shall  have  Power  to  grant  Re-  94 
prieves  and  Pardons  for  Offences  against  the  United  States, 
except  in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Con- 
sent of  the  Senate,  to  make  Treaties,  provided  two  thirds  95 
of  the  Senators  present   concur;   and  he  shall   nominate, 
and  by  and  with  the  Advice  and  Consent  of  the  Senate, 
shall  appoint  Ambassadors,  other  public  Ministers  and  Con-  96 
suls,  Judges  of  the  Supreme  Court,  and  all  other  Officers  97 
of  the  United  States,  whose  Appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by 
Law:  but  the  Congress  may  by  Law  vest  the  Appointment  98 
of  such  inferior  Officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  Courts  of  Law,  or  in  the  Heads  of  Depart- 
ments. 

The  President  shall  have  Power  to  fill  up  all  Vacancies 
that   may  happen   during  the   Recess   of   the    Senate,   by  99 
granting  Commissions  which  shall  expire  at  the  End  of 
their  next  Session. 

Section  3.  He  shall  from  time  to  time  give  to  the  Congress 
Information  of  the  State  of  the  Union,  and  recommend  to 
their  Consideration  such  Measures  as  he  shall  judge  neces- 


446  APPENDIX 

100  sary  and  expedient;  he  may,  on  extraordinary  Occasions, 
convene  both  Houses,  or  either  of  them,  and  in  Case  of 
Disagreement  between  them,  with  Respect  to  the  time  of 

101  Adjournment,  he  may  adjourn  them  to  such  Time  as  he 
shall  think  proper;  he  shall  receive  Ambassadors  and  other 

102  public  Ministers ;  he  shall  take  Care  that  the  Laws  be  faith- 
fully executed,  and  shall  Commission  all  the  Officers  of 
the  United  States. 

103  Section  4.  The  President,  Vice  President  and  all  civil 
Officers  of  the  United  States,  shall  be  removed  from  Office 

104  on  Impeachment  for,  and  Conviction  of,  Treason,  Bribery, 
or  other  high  Crimes  and  Misdemeanors. 


ARTICLE  III 

Section  1.     The  judicial  Power  of  the  United  States,  shall 

105  be  vested  in  one  supreme  Court,  and  in  such  inferior  Courts 
as  the  Congress  may  from  time  to  time  ordain  and  estab- 
lish.    The  Judges,  both  of  the  supreme  and  inferior  Courts, 

106  shall  hold  their  Offices  during  good  Behaviour,  and  shall, 
at  stated  Times,  receive  for  their  Services,  a  Compensation, 
which  shall  not  be  diminished  during  their  continuance 
in  Office. 

Section  2.  The  judicial  Power  shall  extend  to  all  Cases, 
in  Law  and  Equity,  arising  under  this  Constitution,  the 
Laws  of  the  United  States,  and  Treaties  made,  or  which 
shall  be  made,  under  their  Authority; — to  all  Cases  affect- 

107  ing  Ambassadors,  other  public  Ministers  and  Consuls; — 
to  all  Cases  of  admiralty  and  maritime  Jurisdiction; — to 

108  Controversies  to  which  the  United  States  shall  be  a  Party ; 
— to  Controversies  between  two  or  more  States; — between 

109  a  State  and  Citizens  of  another  State :  ^ — between  Citizens 
of  different  States; — between   Citizens  of  the  same   State 

1  This   clause   was  modified  by   the   11th   amendment. 


APPENDIX  447 

claiming  Lands  under  Grants  of  different  States,  and  be- 
tween a  State,  or  the  Citizens  thereof,  and  foreign  States, 
Citizens  or  Subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Minis-  110 
ters  and  Consuls,  and  those  in  which  a  State  shall  be  Party, 
the  supreme  Court  shall  have  original  Jurisdiction.  In  all 
the  other  Cases  before  mentioned,  the  supreme  Court  shall 
have  appellate  Jurisdiction,  both  as  to  Law  and  Fact,  with 
such  Exceptions,  and  under  such  regulations  as  the  Con- 
gress shall  make. 

The  Trial  of  all  Crimes,  except  in  Cases  of  Impeach- 
ment, shall  be  by  Jury ;  and  such  Trial  shall  be  held  in  the  111 
State  where  the  said  Crimes  shall  have  been  committed; 
but  when  not  committed  within  any  State,  the  Trial  shall 
be  at  such  Place  or  Places  as  the  Congress  may  by  Law 
have  directed. 

Section  3.  Treason  against  the  United  States  shall  con- 
sist only  in  levying  War  against  them,  or  in  adhering  to 
their  Enemies,  giving  them  Aid  and  Comfort.  No  Person 
shall  be  convicted  of  Treason  unless  on  the  Testimony  of  113 
two  Witnesses  to  the  same  overt  Act,  or  on  Confession  in 
open  Court. 

The  Congress  shall  have  Power  to  declare  the  Punish-  114 
ment  of  Treason,  but  no  Attainder  of  Treason  shall  work 
Corruption  of  Blood,  or  Forfeiture  except  during  the  Life 
of  the  Person  attainted. 


ARTICLE  IV 

Section  1.     Full  Faith  and  Credit  shall  be  given  in  each  115 
State  to  the  public  Acts,  Records,  and  judicial  Proceedings 
of  every  other  State.     And  the  Congress  may  by  general 
Laws  prescribe  the  Manner  in  which  such  Acts,  Records 
and  Proceedings  shall  be  proved,  and  the  Effect  thereof. 


448  APPENDIX 

116  Section  2.  The  Citizens  of  each  State  shall  be  entitled  to 
all  Privileges  and  Immunities  of  Citizens  in  the  several 
States. 

A  Person  charged  in  any  State  with  Treason,  Felony, 

117  or  other  Crime,  shall  on  Demand  of  the  executive  Authority 
of  the  State  from  which  he  fled,  be  delivered  up,  to  remove 
to  the  State  having  Jurisdiction  of  the  Crime. 

[No  Person  held  to  Service  or  Labour  in  one  State,  under 
the  Laws  thereof,  escaping  into  another,  shall,  in  Conse- 
quence of  any  Law  or  Regulation  therein,  be  discharged 
from  such  Service  or  Labour,  but  shall  be  delivered  up  on 
Claim  of  the  Party  to  whom  such  Service  or  Labour  may 
be  due.]i 


118  Section  3.  New  States  may  be  admitted  by  the  Congress 
into  this  Union ;  but  no  new  State  shall  be  formed  or  erected 
within  the  Jurisdiction  of  any  other  State,  nor  any  State 
be  formed  by  the  Junction  of  two  or  more  States,  or  Parts 
of  States,  without  the  Consent  of  the  Legislatures  of  the 
States  concerned  as  well  as  of  the  Congress. 

119  The  Congress  shall  have  Power  to  dispose  of  and  make 
all  needful  Rules  and  Regulations  respecting  the  Territory 
or  other  Property  belonging  to  the  United  States ;  and  noth- 
ing in  this  Constitution  shall  be  so  construed  as  to  Preju- 
dice any  Claims  of  the  United  States,  or  of  any  particular 
State. 


i 


120  Section  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  Republican  Form  of  Government, 
and  shall  protect  each  of  them  against  Invasion;  and  on 

121  Application  of  the  Legislature,  or  of  the  Executive  (when 
the  Legislature  cannot  be  convened)  against  domestic  Vio- 
lence. 

1  Since   the   abolition   of  slavery   this   clause  has  had   no  significance. 


APPENDIX  449 


ARTICLE  Y 


The  Congress,  whenever  two  thirds  of  both  Houses  shall  122 
deem  it  necessary,  shall  propose  Amendments  to  this  Con- 
stitution, or,  on  the  Application  of  the  Legislatures  of  two 
thirds  of  the  several  States,  shall  call  a  Convention  for 
proposing   Amendments,    which   in    either    Case,    shall   be 
valid  to  all  Intents  and  Purposes,  as  Part  of  this  Constitu- 
tion, when  ratified  by  the  Legislatures  of  three  fourths  of  123 
the   several    States,   or   by   Conventions   in   three    fourths 
thereof,  as  the  one  or  the  other  Mode  of  Ratification  may 
be  proposed  by  the  Congress ;  Provided  that  no  Amendment 
which  may  be  made  prior  to  the  Year  One  thousand  eight 
hundred  and  eight  shall  in  any  Manner  affect  the  first  and 
fourth  Clauses  in  the  Ninth  Section  of  the  first  Article; 
and  that  no  State,  without  its  Consent,  shall  be  deprived  124 
of  its  equal  Suffrage  in  the  Senate. 


ARTICLE  VI 

All   Debts   contracted    and    Engagements   entered    into, 
before  the  Adoption  of  this  Constitution,  shall  be  as  valid  125 
against  the  United  States  under  this  Constitution,  as  under 
the  Confederation. 

This  Constitution,  and  the  Laws  of  the  United  States 
which  shall  be  made  in  Pursuance  thereof ;  and  all  Treaties  126 
made,  or  which  shall  be  made,  under  the  Authority  of  the 
United  States,  shall  be  the  supreme  Law  of  the  Land;  and 
the  Judges  in  every  State  shall  be  bound  thereby,  any  127 
Thing  in  the  Constitution  or  Laws  of  any  State  to  the 
Contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and 
the  Members  of  the  several  State  Legislatures,  and  all 
executive  and  judicial  Officers,  both  of  the  United  States 


450  APPENDIX 

and  of  the  several  States,  shall  be  bound  by  Oath  or  Affir- 
128  mation,  to  support  this  Constitution;  but  no  religious  Test 
shall  ever  be  required  as  a  Qualification  to  any  Office  or 
public  Trust  under  the  United  States. 


ARTICLE  VII 

129  The  Ratification  of  the  Conventions  of  nine  States  shall 
be  sufficient  for  the  Establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

Done  in  Convention  by  the  Unanimous  Consent  of  the 
States  present  the  Seventeenth  Day  of  September  in  the 
Year  of  our  Lord  one  thousand  seven  hundred  and  Eighty 
seven  and  of  the  Independence  of  the  United   States  of 

130  America  the  Twelfth.  In  Witness  whereof  We  have  here- 
unto subscribed  our  Names, 

G° :  WASHINGTON— Prmd*. 

and  deputy  from  Virginia 

Attest  WiLLUM  Jackson,  Secretary 

T,j         rr  I.-  fJOHN   LaNGDON 

NewHampsUre  J^^ticholas  Oilman 

,.        t      J .       f  Nathaniel  Gobham 
Massachusetts     |kopusKing 

^  ..     .         r  Wm.  Saml.  Johnson 

Connecticut        A  ^^  o. 

I  Roger  Sherman 


New  York Alexander  Hamilton 

I 


New  Jersey 


WiL :  Livingston 
David  Brearley 
Wm.  Paterson 
.  JoNA :  Dayton 


APPENDIX 


451 


Penmylvania 


Delaware . 


Maryland 


Virginia 


B.  Franklin 
Thomas  Mifflin 
RoBT.  Morris 
Geo.  Clymer 
Thos.  Fitz  Simons 
Jared  Ingersoll 
James  Wilson 
Gouv  Morris 

Geo.  Read 

Gunning  Bedford  jun 
John  Dickinson 
Richard  Bassett 
,  Jaco  :  Broom 

r  James  McHenry 
•j  Dan  of  St  Thos.  Jenifer 
LDanl  Carroll 

/John  Blair — 
L  James  Madison  Jr 


r  Wm  :  Blount 
North  Carolina  -l  Richd.  Dobbs  Spaight 
I  Hu  Williamson 


South  Carolina 


Georgia 


J.  Rutledge 
Charles  Cotesworth  Pinczney 
Charles  Pinckney 
Pierce  Butler 

/William  Few 
IAbr  Baldwin 


ARTICLES 

IN 

ADDITION  TO,  AND  AMENDMENT  OF 

THE 

CONSITUTION  OF  THE  UNITED  STATES 
OF  AMERICA  i 


PROPOSED    BY    CONGRESS    AND    RATIFIED    BY    THE  LEGISLATURES 

OP   THE   SEVERAL   STATES,   PURSUANT   TO   THE   FIFTH  j 

ARTICLE  OP   THE   CONSTITUTION  i 


ARTICLE  I 

131  Congress  shall  make  no  law  respecting  an  establishment 
of  religion,   or   prohibiting  the   free   exercise   thereof;   or 

132  abridging  the  freedom  of  speech,  or  of  the  press;  or  the 

133  right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  Government  for  a  redress  of  grievances. 


ARTICLE  II 

134  A  well  regulated  militia,  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms,  shall  not  be  infringed. 

1  The  first  ten   amendments   were   adopted   in   1791. 
452 


I 


APPENDIX  453 

ARTICLE  XIII 

No  soldier  shall,  in  time  of  peace  be  quartered  in  any  135 
house,  without  the  consent  of  the  Owner,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV 

The  right  of  the  people  to  be  secure  in  their  persons,  136 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  Warrants  shall 
issue,  but  upon  probable  cause,  supported  by  Oath  or  affir- 
mation, and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

ARTICLE  V 

No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  in-  137 
dictment  of  a  Grand  Jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  Militia,  when  in  actual  serv- 
ice in  the  time  of  War  or  public  danger;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be  twice  put  in 
jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any 
Criminal  Case  to  be  a  witness  against  himself,  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  process  138 
of  law;  nor  shall  private  property  be  taken  for  public  use, 
without  just  compensation. 

ARTICLE  VI 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  139 
of  the  State  and  district  wherein  the  crime  shall  have  been 


454  APPENDIX 

committed,  which  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause 
of   the   accusation;   to   be   confronted   with   the   witnesses 

140  against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor,  and  to  have  the  Assistance  of  Coun- 
sel for  his  defence. 

ARTICLE  VII 

141  In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved,  and  no  fact  tried  by  a  jury  shall  be  other- 
wise re-examined  in  any  Court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law. 

ARTICLE  VIII 

142  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX 

143  The  enumeration  in  the  Constitution  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

ARTICLE  X 

144  The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

ARTICLE  XI 1 

145  The  Judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  com- 

1  Adopted   in    1798. 


APPENDIX  455 

menced  or  prosecuted  against  one  of  the  United  States  by 
Citizens  of  another  State,  or  by  Citizens  or  Subjects  of  any 
Foreign  State. 

ARTICLE  XII 1 

The  Electors  shall  meet  in  their  respective  States,  and  146 
vote  by  ballot  for  President  and  Vice  President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves ;  they  shall  name  in  their  ballots  the  person 
voted  for  as  President,  and  in  distinct  ballots  the  person  147 
voted  for  as  Vice  President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President,  and  of  all  per- 
sons voted  for  as  Vice  President,  and  of  the  number  of 
votes  for  each,  which  lists  they  shall  sign  and  certify,  and 
transmit  sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  President  of  the  Senate ; — The  Presi- 
dent of  the  Senate  shall,  in  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates  and  the  votes 
shall  then  be  counted; — The  person  having  the  greatest 
number  of  votes  for  President,  shall  be  the  President,  if 
such  number  be  a  majority  of  the  whole  number  of  Elec- 
tors appointed;  and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers  not  exceeding 
three  on  the  list  of  those  voted  for  as  President,  the  House 
of  Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  the  President,  the  votes  shall  be  148 
taken  by  States,  the  representation  from  each  State  having 
one  vote;  a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two  thirds  of  the  States,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice. 
And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then 
the  Vice  President  shall  act  as  President,  as  in  the  case  of 
the  death  or  other  constitutional  disability  of  the  President. 

1  Adopted  in  1804. 


456  APPENDIX 

The  person  having  the  greatest  number  of  votes  as  Vice 
President,  shall  be  the  Vice  President,  if  such  number  be 
a  majority  of  the  whole  number  of  Electors  appointed,  and 
if  no  person  have  a  majority,  then  from  the  two  highest 
numbers  on  the  list,  the  Senate  shall  choose  the  Vice  Presi- 
dent ;  a  quorum  for  the  purpose  shall  consist  of  two  thirds 
of  the  whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice.  But  no  person 
constitutionally  ineligible  to  the  office  of  President  shall 
be  eligible  to  that  of  Vice  President  of  the  United  States. 


ARTICLE  XIII 1 

149  Section  1.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime  whereof  the  party  shall 
have  been  duly  convicted,  shall  exist  within  the  United 
States,  or  any  place  subject  to  their  jurisdiction. 

Section  2.     Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 


ARTICLE  XIV  2 

Section  1.    All    persons    bom    or    naturalized    in    the 

150  United  States,  and  subject  to  the  jurisdiction  thereof,  are 
citizens  of  the  United  States  and  of  the  State  wherein  they 

151  reside.  No  State  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States;  nor  shall  any  State  deprive  any  person  of 

152  life,  liberty,  or  property,  without  due  process  of  law;  nor 
deny  to  any  person  within  its  jurisdiction  the  equal  pro- 
tection of  the  laws. 

Section  2.     Representatives  shall  be  apportioned  among 

153  the  several  States  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  State,  ex- 

1  Adopted  in   1865.  2  Adopted  in  1868. 


APPENDIX  457 

eluding  Indians  not  taxed.  But  when  the  right  to  vote 
at  any  election  for  the  choice  of  electors  for  President  and 
Vice  President  of  the  United  States,  Kepresentatives  in 
Congress,  the  Executive  and  Judicial  officers  of  a  State,  or 
the  members  of  the  Legislature  thereof,  is  denied  to  any 
of  the  male  inhabitants  of  such  State,  being  twenty-one 
years  of  age,  and  citizens  of  the  United  States,  or  in  any 
way  abridged,  except  for  participation  in  rebellion  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced  154 
in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  twenty-one 
years  of  age  in  such  State. 

Section  3.  No  person  shall  be  a  Senator  or  Represen- 
tative in  Congress,  or  elector  of  President  and  Vice  Presi- 
dent, or  hold  any  office,  civil  or  military,  under  the  United 
States,  or  under  any  States,  who,  having  previously  taken 
an  oath  as  a  member  of  Congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  State  legislature,  or 
as  an  executive  or  judicial  officer  of  any  State,  to  support 
the  Constitution  of  the  United  States  shall  have  engaged  155 
in  insurrection  or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the  enemies  thereof.  But  Congress  may 
by  a  vote  of  two  thirds  of  each  House,  remove  such  dis- 
ability. 

Section  4.  The  validity  of  the  public  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for  156 
payment  of  pensions  and  bounties  for  services  in  suppress- 
ing insurrection  or  rebellion,  shall  not  be  questioned.  But 
neither  the  United  States  nor  any  State  shall  assume  or  157 
pay  any  debt  or  obligation  incurred  in  aid  of  insurrec- 
tion or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  of  emancipation  of  any  slave;  but  all  such 
debts,  obligations  and  claims  shall  .be  held  illegal  and 
void. 

Section   5.     The    Congress    shall    have    power    to    en-  158 
force,   by   appropriate   legislation,   the   provisions   of   this 
article. 


458  APPENDIX 

ARTICLE  XVI 

159  Section  1.  The  right  of  citizens  of  the  United  States  to 
vote  shall  not  be  denied  or  abridged  by  the  United  States 
or  by  any  State  on  account  of  race,  color,  or  previous  con- 
dition of  servitude. 

Section  2.  The  Congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation. 

ARTICLE  XVI 2 

The  Congress  shall  have  power  to  lay  and  collect  taxes  on 

160  incomes  from  whatever  source  derived,  without  apportion- 
ment among  the  several  States,  and  without  regard  to  any 
census  or  enumeration. 

ARTICLE  XVII 2 

The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  elected  by  the  people  thereof,  for 
six  years ;  and  each  Senator  shall  have  one  vote.     The  electors 

161  in  each  State  shall  have  the  qualifications  requisite  for  elec- 
tors of  the  most  numerous  branch  of  the  State  legislatures. 

When  vacancies  happen  in  the  representation  of  any  State 
in  the  Senate,  the  executive  authority  of  such  State  shall 
issue  writs  of  election  to  fill  such  vacancies :  Provided,  That 
the  legislature  of  the   State  may   empower  the   executive 

162  thereof  to  make  temporary  appointments  until  the  people  fill 
the  vacancies  by  election  as  the  legislature  may  direct. 

ARTICLE  XVIII 3 
Section  1.     After  one  year  from  the  ratification  of  this 
article  the  manufacture,  sale  or  transportation  of  intoxicat- 

163  ing  liquors  within,  the  importation  thereof  into,  or  the  ex- 
portation thereof  from  the  United  States  and  all  territory 
subject  to  the  jurisdiction  thereof  for  beverage  purposes  is 
hereby  prohibited. 

Section  2.  The  Congress  and  the  several  States  have  con- 
current power  to  enforce  this  article  by  appropriate  legis- 
lation. 

1  Adopted  in  1870.  2  Adopted   in   J913.  3  Adopted  in  1919, 


APPENDIX  459 

ARTICLE  XIX  ^ 

Section  1.  The  right  of  citizens  of  the  United  States  to 
164  vote  shall  not  be  denied  or  abridged  by  the  United  States,  or 
by  any  State,  on  account  of  sex. 

Section  2.  Congress  shall  have  power,  by  appropriate 
legislation,  to  enforce  the  provisions  of  this  article. 

1  Adopted  in  1920. 


APPENDIX  B 

LIST  OP  BOOKS  TO  WHICH  REFERENCES 
ARE  MADE 

Abbott,  Lyman,  ''The  Rights  of  Man" 

Beard,  Charles  A.,  ''American  Government  and  Politics" 

Bruere,  Henry,  "The  New  City  Government" 

Bullock,    Charles    J.,    "Introduction    to    the    Study    of 

Economics" 
Carvej-,  Thomas  N.,  "Principles  of  Political  Economy" 
Cleveland,  P.  H.,  and  Schafer,  Joseph,  "Democracy  in  Re- 
construction ' ' 
Commons,  John  R.,  and  Andrews,  John  B.,  "The  Princi- 

'  pies  of  Labor  Legislation ' ' 
Dole,  Charles  P.,  "The  Spirit  of  Democracy" 
EUwood,  Charles  A.,  "Sociology  and  Modern  Social  Prob- 
lems" 
Fairlee,  J.  A.,  "Local  Government  in   Counties,   Towns, 

and  Villages ' ' 
Gettell,  Raymond  G.,  "Readings  in  Political  Science" 
Goodnow,  F.  J.,  and  Bates,   F.   G.,  "Municipal  Govern- 
ment ' ' 
Hinsdale,  A.  B.,  "The  American  Government" 
Holcombe/A.  N,  "State  Government  in  the  United  States" 
Howe,  F'rederic  C,  "The  Modern  City  and  its  Problems" 
Johnson,    Allen,    "Readings   in   American    Constitutional 

History" 
Jones,  Chester  Lloyd,  "Readings  in  Parties  and  Elections" 
Kaye,  P.  L.,  "Readings  in  Civil  Government" 
Learned,  H.  B.,  "The  President's  Cabinet" 
Munro,  W.  B.,  "The  Government  of  the  United  States" 
Reinsch,  Paul  S.,  "Readings  in  American  State  Govern- 
ment ' ' 
Spargo,  John,  "Socialism" 

Thompson,  Charles  M.,  "Elementary  Economics" 
Willoughby,  W.  W.,  "The  American  Constitutional  Sys- 
tem" 
Woodburn,  J.  A.,  "The  American  Republic" 
Zueblin,  Charles,  "American  Municipal  Progress" 

460 


INDEX 


Accidents,      insurance      against, 

387-388 
Agriculture,  Department  of, 
its  organization,    129 
its   Bureau   of    Public    Roads, 

333,  427 
as  an  agency  of  conservation, 

349 
its  Forest  Service,  352 
its  Bureau  of  Plant  Industry, 

426 
its   Bureau  of  Animal   Indus- 
try, 426 
its  Bureau  of  Entomology,  426 
its  Bureau  of  Biological  Sur- 
vey, 426 
its  Weather  Bureau,  426 
its  Bureau  of  Soils,  426 
its  Bureau  of  Crop  Estimates, 

427 
its  Office  of  Markets  and  Rural 

Organization,   427 
its  Office   of  Experiment   Sta- 
tions,   427 
its    Division    of    Publications, 

427 
its    State's    Relation    Service, 
427;   its  county  agents,  428 
Alabama,   182 
Alaska,    146,   370 
Albany    Plan    of   Union,    39 
Aliens,  86,  326 
Alliance,   38 
Alms-giving,   399 
Ambassadors,    120,    256,    257 
Amendment  of  Constitutions,  34- 

36,  51 
Americanism,  93 
Americanization,   326 
Anarchists,  325 
Animal  Industry,  Bureau  of,  129, 

426 
Anti-trust  legislation,  345-347 

461 


Appropriations  by  Congress,  277- 

280 
Arbitration, 

of  international  disputes,  261 

of  labor  disputes,  378 
Arizona, 

initiative   and  referendum   in, 
159 

recall  in,  170 

local  government  in,    182 

minimum  wage  law  in,  385 
Arkansas, 

initiative   and   referendum  in, 
159 

local  government  in,  182 

minimum  wage  in,  385 
Army,  the  regular,  249-251 
Army  War  College,  369 
Articles  of  Confederation,  40^4, 

46,  301 
Assemblage,  freedom  of,  87 
Assessment,  285 
Assessments,  special,  269,  288 
Assessors,  186,  193,  200 
Attorney-General, 

of  the  United  States,  129 

of  a  State,  166 
Auditor, 

of  State,   165 

of  county,  185 
Automobiles,  330 


B 


Bailey,  L.  H.,  quoted,  424,  433 
Ballots,  casting  and  counting  of, 

359 
Banks, 

National,  310 

federal  reserve,  311-313 

farm   loan,   428 
Barter,  299 
Bicameral  System,  26-27 


462 


INDEX 


Bill  of  Rights,  English,  79 
Bills, 

passage   of  in   Congress,    109- 
116 

in   State  legislatures,   153-155 

of  credit,  302 
Biological  Survey,  Bureau  of,  426 
Blacklists,   376 
Bonds,  government,  291-292 
Book  of  Estimates,  277 
Boroughs,  204-206 
Bribery,  362-363 
Budget, 

national,  278-280 

State,   288 

city,  289 
Burnett  Bill,  323 
By-laws,  199 


Cabinet,  the,  126-127 

Calendar,  the  House,  113 

California, 

municipal  home  rule  in,  68 
initiative  and  referendum   in, 

159 
recall  in,   170 
local  government  in,  182 

county  home  rule  in,  186 
discovery  of  gold  in,   305 
State  Highway  system  of,  332 
and  Chinese  labor,   376 
minimum  wage  law  in,  385 
investigation   of   old  age   pen- 
sions, 402 
the  community  center  in,  421 

Campaign  expenditures,  361,  362 

Campaign,   presidential,  221-222 

Candidates,  nomination  of,  217- 
222 

Capitation  tax,   269 

Case  laws,   178 

Cases, 

criminal  and  civil,   133 
at  law,  133 
at  equity,  133 

Chancery  courts,   177 

Charities,  State  Board  of,  400 

Charity,  399-403 


Charters, 

colonial,  31 

of  corporations,  65,  339 
"  Checks  and  balances,"  24-29 
Child  labor,   375.   386,   388 
Children's  Bureau,  381 
Chinese,  322,  325 
Circuit  Court    (State),   174 
Circuit   Court  of   Appeals    (fed- 
eral), 135 
Cities, 

home  rule  for,  66-67 

how  they  differ  from  villages, 
204 

organization  of,  206-212 

the  price  of  good  government 
in,  214 

budget  system  in,  289 

debts  of,  295,  296-297 

growth  of,  413 

functions    of    government    of, 
414 

problems  of,  414-422 
Citizens,  who  are,  85-86 
Citizenship, 

rights  of,  86-89 

duties  of,   89 

and  loyalty  to  party,  74 
City  manager   system,   211-212 
City  planning,  419-420 
Civic  center,  421 
Civil  liberty, 

defined,  76 

growth  of  American,  77-82 

its  preservation,   82 

and  civil  rights,  85-89 
Civil    Service    Commission,    126, 

130 
Civil   Service,   federal  executive, 

125-131 
Clayton   Trust  Bill,   345 
Clerk, 

of  courts,  184 

of  townships,  193 

of  the  New  England  town,  199 
Coal,  possible  exhaustion  of,  354 
Coast  Guard  Service,   319 
Coinage,  301,  304,  308,  313 
Collection  of  taxes,  276,  287 
Collective  bargaining,  376-377 


INDEX 


463 


Colorado, 

equal  suflfrage  in,  13 
municipal  home  rule  in,  68 
initiative  and   referendum   in, 

159 
recall  in,  170 
local  government  in,  182 
minimum  wage  law  in,  385 

Commerce, 

Sower  of  Congress  over,  47,  315 
)epartment  of,   129 
foreign,  315-320 
and  the  tariff,  316-318 

regulations  of  shipping,  319 
and    the    federal    government, 

319 
interstate    and    intrastate    de- 
fined, 329 
and  transportation,  330-336 
intrastate,  330-333 
Interstate  Commerce  Commis- 
sion, 334-336 
Transportation    Act    of    1920, 
335 
Commerce,   Department   of,    129 
Commission  System  of  city  gov- 
ernment,  208-211 
Commissioner  of  Education  (fed- 
eral), 370 
Committees, 

in    Congress,    110-115 
in  State  legislatures,  154 
the  Committee  on  Rules,  114 
the  Committee  of  the  Whole, 

114 
on  Ways  and  Means,  274 
the  Conference  Committee,  116 
Common  Law,  234 
Common  Schools,  368 
Commons,  J.  R.,  quoted,  385 
Community  Center,  the,  421 
Comptroller    (State),   165 
Compulsory  arbitration,  378-381 
Concurrent  powers,  47 
Confederation,  38 
Confederation,    Articles    of,    40- 

43 
Congress    of    the    Confederation, 
40-44 


Congress  (of  the  United  States) 

organization  of,  97-103 

representation  in,   98-101 

apportionment   of   Representa- 
tives,   101-102 

election   of   members,    102-103 

its  powers,  103 

the  hope  of  the  nation,  104-105 

its    assembling    and    adjourn- 
ment, 108 

numbering  of,  108 

sessions  of,  109 

at  work,  108-116 

and  the  President,  122 

its  power  over  Territories  and 
Dependencies,  143 

its  power  over  commerce,  47, 
315,  334 

and  the  national  defense,  248 

its  power  to  tax,  273 

its  power  to  borrow  money,  292 

its    power    over    corporations, 
340 
Connecticut, 

its  constitution,   32 

in  the  convention  of  1787,  100 
Conservation, 

meaning  of,  348 

scope  of,  348-349 

of  the  soil,  349 

through   reclamation,   350-352 

of  forests,  352 

of  waterpower,  353 

benefits   of,   355-356 
Consolidation  of  State  offices,  168 
Constables,  200,  253 
Constabulary,  State,  252 
Constitutions, 

the  first,  32 

how  they  obtain  their  author- 
ity, 33 

outline  of  a  constitution,  33-34 

amendments   of,    34-36,    51-52 

the  English  constitution,  37 

and   the   legislature,    155 

and  civil  liberty,  80-82 
Constitution      of      the      United 
States, 

a  creation  of  the  people,  5 

our  fundamental   law,   32 


464 


INDEX 


Constitution,  U.  S. —  continued 

framed    and    ratified,    46-47 

distribution   of   powers   under, 
47-51 

methods  of  amending,  51-52 

interstate  relations  under,  58- 
60 

bill   of   rights,   82 

citizenship    under,    85,    88 

and  the  Supreme  Court,  136- 
140 
Consuls,  120,  258 
Continental  Congress,  40,  302 
Convention,  National,  222 
Convention  of  1787,  46,  98,  118, 

120 
Convention  system  of  nominating 

candidates,   221 
Conventions,  constitutional,  35 
Coroner,  the,  185 
Corporations, 

defined,   64 

two  kinds  of,  65 

in  modern  life,  339 

how    created    and    controlled, 
339-340 

growth  of  trusts,  340-342 

their  advantages  and  disadvan- 
tages,  342-343 

and    the    federal    government, 
343-345 

and  the  States,  345-347 

the   trust   problem,    346-347 
Corporation  tax,  268 
Corrupt    practices    at    elections, 

360-362 
Council  system,  206-208 
Counterfeiting,  408 
County  Agents,  428 
County  courts,  177 
County  government, 

importance  of,   181 

types  of,      181-183 

governing   body   of,    183-184 

officials  of,  184-186 

home  rule,  186 

the    citizen    and    his    coimty, 
186-187 

and  the  poor,  399 

and  the  farmer,  432 


County-Township    System,    189- 

192 
Court  of  Claims,  140 
Courtesy,    senatorial,    104 
Courts,  see  Judiciary 
Crime, 

definition  of,  405 

punishment  of,  77,  406 

and     the     State     government, 

406-408 
and    the    federal    government, 

408-410 
prevention  of,  409-412 
Crop  Estimates,  Bureau  of,  129, 

427 
Currency   of   the   United    States, 
307-313.     See    also    Money. 
Customs  duties,  269,  277,  281. 


Debt,  public, 

a  necessity,  291 

how    contracted,    291-292 

the  national  debt,  292-294 

State,    293 

of  local  governments,  294-296 

how  paid,  296-297 
Declaration   of   Indepndence,   40, 

80 
Defective  classes,  400 
Defense, 

an  indispensable  function,  248 

national,   248-252 

State,  252 

local,  252-253 
Deficit,  of  State  governments,  294 
Delegate,   territorial,    146 
Delinquency, 

in  taxes,  28'7 

juvenile,  411 
Demagogue,  the,  6 
Democracy, 

defined,  4 

the  best  form  of  government,  5 

dangers   of,    6 

and  the  individual,  7-8 

growth  of  in  America,  10-11 

representative,    17-22 

pure,  17 


INDEX 


465 


Democracy  —  continued 

and   the   Declaration    of   Inde- 
pendence, 80 

and  the  election  of  the  Presi- 
dent,  119 

and  the  initiative  and  referen- 
dum,  159 

and  education,   365 

and  the  community  center,  421 
Democratic  party,  71 
Departments,   the   federal   execu- 
tive,   128-131 
Departments,    the   three, 

development  of,  24-25 

independence  of,  28 

disadvantages  of,  29 
Dependencies, 

how    they    differ    from    terri- 
tories, 143 

on     the     American     continent, 
144-148 

Indian  reservations,   146 

Panama  Canal  strip,  147 

Porto  Rico,  148 

Philippine  Islands,    149-151 

Guam,  151 

Virgin  Islands,   151 
Direct    nominations,    220 
Direct  legislation,  157-159 
Directorates,  interlocking,  345 
District  Attorney    (county),   184 
District  Attorney    (federal),   140 
District   Courts    (federal),    134- 

135 
District  Court   (State),   174 
District  of   Columbia,    140,   144- 

146,  376,  385 
Draft,  the,  250 
Drainage,  352 
Due  process  of  law,  88,  241 

E 
Education, 

and  democracy,  365 
controlled  by  the  State,  365 
a  local  affair,  366 
the  school  district,  367 
school  supervision,  367-368 
common      schools      and      high 
schools,  368 


Education  —  continued 

and    the    federal    government, 

368-370 
needed  reforms  in,  370-371 
Education,  Bureau  of    (federal), 

370 
Eighteenth    Amendment,    396 
Eight-hour  day,  385-386 
Election,  second,  23 
Elections, 

usefulness  of  frequent,  358 
conducted  by  State  authority, 

359 
registration,  359 
casting    and    counting   of    bal- 
lots, 360 
laws  against  corrupt  practices, 

360-362 
bribery,  362-363 
Electorate,  the,  10 
Electors,    presidential,    118-119, 

220,  222 
Entomology,  Bureau  of,  426 
Equality,  before  the  law,  243 
Equity  cases,   133,   177 
Excises,  269,  275 
Executive,  the,  27-28 
Executive  departments  (federal), 

125-131;    State,    163-166 
Exemptions*  in  taxation,  287 
Expenditures,  national,  278,  281 
Experiment    Stations,    Office    of, 
427 


Factory  system,  374 
Farm  Loan  Banks,  428 
Farmer,  the,  and  the  government, 

426-432 
Farmers'  Alliance,  432 
Farmers'  associations,  432 
Farmers'   Institutes,   432 
Federal  Aid  Roads  Bill,  331 
Federal    Board    for    Vocational 

Education,    369 
Federal   government, 

defined,  38 

preservation  of,  59 

and  the  State,  54-60 


466 


INDEX 


Federal    government  —  cont'd 
and  civil  rights,  88 
executive  departments  of,  125- 
131 

Federal     Reserve     Bank     Notes, 
309-313 

Federal  Reserve  Board,  130,  312 

Federal      Reserve      Notes,      309 
(chart),    312 

Federal  Trade  Commission,   130, 
344 

Federalist  party,  71 

Fees,  269,  288 

Fence  Viewers,   200 

Field  drivers,  200 

Filibuster,  the,   116 

Finance,    public,   273,    See   taxa- 
tion. 

Florida,  182 

Foreign     and     Domestic      Com- 
merce,  Bureau  of,    130,   319 

Foreigners,  321-324 

Forest    Service,   bureau   of,    129, 
352 

Forest  Conservation,  352-353 

Franchise,  the  elective,   10 

Franchises,  268,  295,  415 

Franchise  tax,   268 

Franklin,  Benjamin,  40,  42,  100 

Free  Trade,  316 


G 


Gas,  a  public  utility,  415 
General  Property  tax,  268,  284- 

287 
Georgia, 

and  the  election  of  judges,  173 

local  government  in,    182,   183 
note 

its  legislature  in  1787,  98 
Gerrymandering,    102 
Gold,  300,  303-305,  307,  308,  313 
Goodnow,    F.   J.,   quoted   416 
Government, 

defined,  3 

types  of,  4 

democratic,  4-8 

masters  of,  10-14 

representative,    17-22 


Government  —  continued 

constitutional,   31-36 

federal,   38-52,  55-59 

complexity    of    the    American, 
39 

three  grades  of,  63-64 

and  political  parties,  69 

characteristic        features        of 
Americans,    91-92 

spirit   of   American,   92-94 

functions  of,   227-231 

and   the  individual,   228 

ideal  schemes  of,  236 

cost  of,  266 

and  public  debt,   291 

and  the  farmer,  426-432 
Governor    (State)    163-165 
Grand  jury,  175 
Granges,   432 
Great  Charter,  the,  77 
Greece,    government    in    ancient, 

17 
Greenbacks,  308-310 
Gresham's  law,  304 
Guam,   151 


Habeas  Corpus,  78,  242,  253 
Hamilton,  Alexander, 

and    the    Constitution,    42,    51 
the    advocate    of    broad    con- 
struction, 71 
and  public  debt,  292,  296 
and  child  labor,  389 
Hare    system    of    representation, 

21 
Hawaii,  148 

Health,  the  public,  393-394 
Health    Insurance,    390 
High    Schools,   368 
Highways,  330-333 
Home  Rule,  municipal,  66-67 
"  Hopper,"  the,  in  the  House  of 

Representatives,   112 
House    of    Representatives     (na- 
tional ) 
its  organization,  98-100 
national  and  federal  principle 
in,  101 


INDEX 


467 


House  of  Representatives — cont'd 

apportionment      of      members, 
101-102 

election  of  members,  102 

at  work,  110-115 

its  strength  in  each  State,  111 
(chart) 

and   treaties,   261 

and  revenue  bills,  274 
Housing  problem,  417-419 
Hundred  moot,  18 
Hydro-electric  energy,  354 


Idaho, 

equal  suffrage  in,  13 

initiative   and   referendum   in, 
159 

consolidation  of  State  ofl&cers, 
168 

recall  in,  170 

local  government  in,   182 

and  Chinese  laborers,  376 
Illinois, 

consolidation   of   State  officers 
in,   168 

intermediate    courts    in,     176, 
note 

the  county  in,  183 

township    government    in,    190 

public  opinion  law  in,  239 

community    center   hi,   421 
Illiteracy,  370 
Immigration, 

extent  of,  321 

restrictions   upon,   322 

where    the    immigrants    come 
from,   323    (chart) 

benefits  of  immigration,  324 

naturalization,   325 

Americanization,  327 
Immigration,  Bureau  of,  130,  324 
Impeachment,  103-104,  168 
Income  tax,  268,  275,  288 
Independence,      Declaration      of, 

40,  80 
Indeterminate  sentences,  410-411 
Indian  Reservations,  146 
Indians,  86,  146 


Indiana, 

township   government   in,    190 

community  center  in,  421 
Indifference,  6 
Individualists,   230 
Indoor   relief,  399-400 
Industrial   Court    (Kansas)    330 
Inheritance  tax,  268,  276,  288 
Initiative    and    referendion,    35 

(note)    157-159 
Injunction,  writ  of,  178-179 
Insurance  against  accident,  387-. 

388 
Insurance,  health,  390 
Intemperance,  395-397 
Interior,  Department  of,   129 
Interstate     Commerce     Commis- 
sion,  130,  334-336 
Interstate  Relations,  56-59 
Internal     Revenue,     Bureau     of, 

276 
Internal  Revenue  taxes,  269 
International   law, 

its   development,   255 

rules   of,   256-257 

sanction  of,  257 
International   relations,    255-262 
Intimidation  at  elections,  361 
Intrastate    Commerce,    329,    331 
Iowa, 

amendment  of  constitution  of, 
35 

township  government  in,  190 
Irrigation,    350-351 


Japanese,  325 

Jay's  treaty,  261 

Jefferson,  Thomas, 
quoted,   36 

and  the  constitution,  51 
and  the  Democratic  party,  71 
praises  the  New  England  town, 
201 

Jones  Water-power  Bill,  354 

Judiciary,   the,    27 

Judiciary    (federal), 
independence  of,   133 
organization  of,   134-136 


468 


INDEX 


Judiciary  —  continued 

the    Supreme    Court,    136-140 
Judiciary    (State), 

selection  of  judges,  173 

several  grades  of  State  courts, 
173-177 

relation    of    to   federal   judici- 
ary, 177-178 

powers  of,  178 
Jury  system,  175-176 
Jury,  trial  by,  87,  175 
Justice, 

guaranteed     in     the     bill     of 
rights,  87 

the  highest  aim  of  government, 
240 

fundamentals  of,  240-244 

and  the  poor,  244-246 

"  fiat  justitia,"  246 
Justice,  Department  of,   129 
Justice  of  the  Peace,   174,  193 
Juvenile  delinquency,  411 


K 


Kansas, 

initiative   and   referendum   in, 

159 
recall  in,  170 

township    government    in,    190 
small  claims  court  in,  245 
State     Industrial     Court     in, 

379-380 
minimum    wage    law    in,    385 

Kentucky,  182 


Labor, 

Department  of,  130 
Railway  Labor  Board,  336 
growth  of  labor  organizations, 

373-376 
aims  of  labor,  375 
the    State    and    the    working- 
man,  375-376 
collective  bargaining,   376 
settlement    of    labor    disputes, 

377 
a  difficult  labor  problem,  378- 
380 


Labor  —  continued 

federal    government    and    the 
workingman,  380-381 

the    law^    and    the    working- 
man,  383-388 

the    laborer   is   worthy   of   his 
hire,   384-385 

unemployment,    386-387 

insurance     against     accidents, 
387-388 

child  labor  laws,  389 

health  insurance,  390 

mothers'  pensions,  401 

old  age  pensions,  402 
Labor,  Department  of,   129 
Labor  Statistics,  Bureau  of,  381 
Laws, 

what  a  law  is,  233 

diff'erent  kinds  of  laws,  233 

characteristic     features     of     a 
law,  234 

public  opinion  and,  235-237 

obedience   to,   237 
Laws  and  the  workingman,  383- 

389 
League,  38 

League  of  Nations,  262,  386 
Legal  tender,   302 
Legislature,   the,   25-27 
Legislature    (State), 

its    control    of    municipalities, 
65,   155 

general  features  of,  153 

passage  of  bills  in,   153-155 

importance  of  laws  of,  155-156 

and     the     State     constitution, 
156 

criticism  of,  157 
Liberty,  of  the  citizen,  242 
Library  of  Congress,  130 
License  taxes,  269 
Lieutenant-Governor,  165 
Life,  safeguarding  human,  241 
Literacy  test,  324 
Local    government,    '62-68,    430 
See  also  County,  Tovmship, 
etc. 
Lockout,  the,  376 
Louisiana, 

initiative  and  referendum,  159 


INDEX 


469 


Louisiana  —  continued 
recall  in,  170 
local  government  in,   182 
forbids   laws    fixing   wages    of 
labor,  376 

M 

Madison,  James,  quoted,   274 
Manager    system,    211-212 
Mandamus,   179 
Maine,   159,  396 
Majority  rule,   5 
Markets    and    Rural    Organiza- 
tion, Bureau  of,  427 
Martial  law,  253 
Marshal  (federal),  140 
Marshall,  John,  quoted,  138 
Maryland, 

and  the  District  of  Columbia, 

144 
referendum  in,  159 
local  government  in,  182 
county  home  rule  in,  186 
its  budget  system,  289 
Massachusetts, 

initiative   and   referendum   in, 

159 
consolidation    of    State    offices 

in,  168 
and  public  education,  366 
minimum  wage  law  in,  385 
Mothers'  pensions  in,  401 
Michigan, 

amendment  of  constitution  of, 

35 
municipal  home  rule  in,  68 
initiative   and   referendum   in, 

159 
recall  in,  170 
the  county  in,  183 
township   government  in,    190, 

191 
drainage  of   swamp   lands  in, 

352 
regulation    of   child    labor    in, 
389 
Military   Academy,    128,    369 
Militia,  250,  252 
Mill,  John  Stuart,  quoted,  229 
Minimum  wage  law,  385 


Ministers,  257,  258 

Minnesota, 

municipal  home  rule  in,  68 
township    government    in,    190 
exemption  of  taxation,  287 
minimum  wage  law  in,  385 

Minority,    representation    of,    20 

Mississippi,   182 

Missouri, 

municipal  home  rule  in,  68 
initiative    and    referendum   in, 

159 
intermediate     courts    in,     176, 

(note) 
township    government    in,    190 
forbids    intimidation    at    elec- 
tions, 361 

Monarchy,  4 

Money, 

a  commodity,  299 
the  precious  metals,  300 
coinage  of,  301 
paper,  302 
representative,  303 
Gresham's  law,  303-305 
different  kinds  of,  307 
amount   of,    307,    309    (chart) 
essential  facts  of,   313 

Monopoly,  341,  346 

Montana,    159,    182 

Morality,  public,  395 

Mothers'  Pensions,  401 

Municipalities, 

municipal  corporations,  65 
necessity  for,  203 
two  classes  of,  204 
organization   of,  206-212 
taxation   in,   283 
problems   of,  413-421 

Municipal  ownership,   415-418 

Munro,  W.  B.,  quoted,  30 


N 


National  Banks,  310 
National  Guard,  250 
National    Committee     ( political 

parties)    218 
National  Convention,  222 
National  Parks,  146 


470 


INDEX 


Naturalization,    86,    325 
Naturalization,  Bureau,  130,  326 
Naval  Academy,  129,  369 
Navy  Department,   129 
Navy,  the  American,  251 
Nebraska, 

initiative    and   referendum   in, 
159 

township    government   in,    190 

consolidation    of    State    offices 
in,  168 
New  England, 

democracy  in,   19 

the  county  in,  182 

town   government   in,    196-201 

money  in,  300 

decline  of  rural  population  in, 
424 
New  England  Confederation,   39 
New  Jersey, 

in  the  convention  of  1787,  98 

Surrogate's  Court  in,   177 

the  county  in,  183 

township    government    in,    190 

its   incorporation   law,   341 

forbids    intimidation    at    elec- 
tions,  361 

investigates  old  age  pensions, 
402 
New  Mexico,  159,  182 
Nevada,   159,  170 
New   York    (State), 

its  judicial  system,  176  (note) 

the  county  in,  183 

township    government    in,    189 

trade  unions  in,  375 

control   of   charities   in,   401 

decline  of  rural  popuation  in, 
424 
New   York   City,   277,   283,   289, 

295,  327 
Nomination   of  candidates,   217- 

222 
Normal  Schools,  368 
North  Carolina,  47,  182 
North  Dakota, 

initiative  and  referendum,  159 

township    government    in,    190 

and  Chinese  labor,  376 

minimum  wage  law  in,  385 


Ohio, 

municipal  home  rule  in,  68 
initiative   and   referendum   in, 

159 
township    government    in,    190 
budgets  in  cities  of,  289 
its  anti-trust  law,  345-346 
forbids    intimidation    at    elec- 
tions, 361 
regulation  of  child  labor,  389 
investigation    of   health   insur- 
ance  in,    390 
Oklahoma, 

municipal  home  rule  in,  68 
initiative   and    referendum    in, 

159 
township    government    in,    190 
Old- Age  Pensions,  402 
Ordinances,   207 
Ordinary,  the,   183    (note) 
Oregon, 

municipal  home  rule  in,  68 
initiative   and    referendum    in, 

159 
recall  in,  170 
local  government  in,   182 
minimum  wage  law  in,   385 
its  policy  in  respect  to  crime, 
410 
Organized  charity,  402 
Orphan's  court,   177 
Outdoor  relief,  399-400 
Overseers  of  the  Poor,   186,  193, 
200 


Panama  Canal   Strip,    147 

Paper   money,    301 

Pardon,   power   of,   120,   164 

Parliament,  English, 
the*  first,   18 
representation  in,  19 
a  law-making  body,  25 
and   the    English    constitution, 

37 
and      the      English      Bill      of 
Rights,   79-80 


INDEX 


471 


Parliament,   English  —  confd 
and  cabinet  government,   131- 

132 
and  bribery,  362 
and  trade  unions,  374 

Parties,  political, 
party   defined,   69 
origin  of  in  the  United  States, 

70 
of  to-day,  71-73 
"third,"  73 

and  the  individual,   73-74 
organizations  of,  217-222 

Peace  treaties,  262 

Pensions,  398,  401 

Petit  Jury,   175 

Petition  of  Ridit,  78 

Petition,      right      of,      80,      87, 
158 

Pennsylvania, 

its  'legislature  in   1787,  98 
intermediate    courts    in,     176 

(note) 
township   government    in,    190 
State  constabulary  in,  252 
highway  system  in,  330 
its  normal  school  system,  368 
employers,  liability  in,  388 

Philippine  Islands,   149-151,  308 
(note) 

Plant  Industry,  Bureau  of,   129, 
426 

Plurality,  23 

Policemen,  253,   379 

Police  power,  383,  392 

Poll  tax,  269,  288 

Pools,  340 

Poor,  helping  the,  398-403 

Population,    of    cities,    413;     of 
rural    communities,    424 

Porto  Rico,   148 

Posse  comitatus,   252 

Post-Office,    Department    of,    129 

Powers,  governmental, 
of  the  people,  4 
separation  of,  24 
of  the  Confederation,  41 
distribution  of,  47-49 
implied  and  resulting,  50 
of  the  State>  54 


Powers  —  continued 
'  division  of  power  of  the  State, 
62-03 
of  local  government,  62-67 
of  Congress,  103 
of   State  executive,   62-166 
of  State  judiciary,  178 
and  public  opinion,  235-237 
in  respect  to  coinage,  301 
police  power  of,  383,  392 

President  of  the  United  States, 
election  of,  118-119,  222 
powers  and  duties  of,  103,  120 
his  share  in  law-making,  120- 

122 
succeseion   to   the   Presidency, 

122 
as  a  political  personality,  123 
and  the  power  of  appointment, 

103,  125 
his  Cabinet,  126-127 
his  salary,  131 
Commander-in-Chief,    250 
head  of  foreign  affairs,  259 

Press,  freedom  of,  87 

Primaries,  218 

Probate  courts,  177 

Progressive  taxation,  270 

Prohibition,  395-397 

Property,  86,  242-243 

Property  tax,  268 

Proportional    representation,    21 

Protection,   316-318 

Public  Defender,    188 

Public  Health,   393-394 

Public  Health  Service   (faderal), 
128,  394 

Public  morality,   395 

Public  opinion,  235 

Public    Roads,    Bureau    of,    129, 
333,  427 

Public  Safety,  394 

Public  Utilities,  414-417 

Public  Utility  Commissions,  333 


R 


Railroad    Commissions     (State) 

333 
Railroads,   333-336 


472 


INDEX 


Railway  Labor  Board,  336 
Rates,  charged  by  railroads,  334- 

336 
Ratio    of    representation,     102 
Recall,  the,   170 
Reclamation  of  lands,  350-352 
Reclamation  Service,  bureau,  129, 

350 
Recorder  of  deeds,  185 
Recreation,    municipal,    420 
Referendum,    initiative    and,    35 

(note),   157-159 
Registration,  359 
Register   of   deeds,    185 
Religious  freedom,  86 
Representation, 

principles   of,    19-20 

of  the  minority,  20 

in   Congress,   98 

ratio  of,  102 
Representative    government,    17- 

22,   358 
Republic,  4 
Republican  party,  71 
Revenues,  national,  275-277,  281 
Rhode  Island, 

its  constitution,  32 

not    represented    in    the    Con- 
vention of  1787,  46 

and  religious  freedom,   197 
Roads,  330,  333-335 
Roosevelt,  Theodore,  quoted,  357, 

425 
Rural   America,   424-433 
Rural   community  units,   431 
Rural  life,  conditions  of,  425 


Safety,  the  public,  394-395 

Salaries  of   federal   officials,    131 

Samoa,   151 

School  district,  367 

School  supervision,  367 

Secretarv  of  State, 

of  the'  United  States,  127,  259 

of  a   State,   165 
Secretary   of   the   Treasury,    128, 

278 
Secretary  of  War,   128,  250-251 


Senate,  the,  26 

Senate   of   the   United   States, 
national  and  federal  principle 

in,   100 
election  of  members  of,  102-103 
and  the  treaty-making  power, 

104 
senatorial   courtesy,    104 
at  work,  115-116 
confirms  appointments,    125 
and  treaties,  260 
and  revenue  bills,  274 

Sheriff,  the,   184,  252 

Sherman  Anti-Trust   Act,   343 

Shipping,  foreign,   318 

Shipping  Board,   130,   319 

Shire  moot,  the,   18 

Short  Ballot,  the,  365 

Silver,    301,    303-306,    307,    308, 
309    (chart),  313 

Single  tax,  270 

Sinking  fund,  296 

Slums,  419,  430 

Smith,  Adam,  his  canons  of  tax- 
ation, 267 

Smith-Hughes    Act     ( vocational 
training),   369 

Smithsonian   Institution,    130 

Socialism,  230 

Socialist  party,  72 

Soil,    conservation    of,    349 

Soils,  Bureau  of,  426 

South  Carolina,   182 

South  Dakota,   159,   190 

Speaker,  of  the  House  of  Repre- 
sentatives,  110 

Speech,  freedom  of,  87 

Spirit,   the   American,   93 

Stamp  Act  Congress,   39 

Standard  Oil  Company,   343 

State,   Department  of,   12S 

State     (Commonwealth), 
regulates  suffrage,   12 
the  Constitution  of  a,  32-33 
powers  of,  48-50,  54-56 
interstate  relations,  59 
and    the    federal    government, 

59-60 
division    of    powers    of,    62-63 
and  the  municipality,  65-67 


INDEX 


473 


Gtate    ( Commonwealth )  —  cont'd 
civil    rights    of    State    citizen- 
ship, 86-88 
legislatures    of,    153-159 
executive  department  of,   162- 

170 
its  judiciary,    173-179 
its   system    of    taxation,    282- 

289 
and  public  debt,  293-295 
cannot  coin  money,  301 
its    power    over    corporations, 

340 
its  control  of  elections,  359 
and  intrastate  commerce,  329- 

331 
public  education  controlled  by, 

365-366 
controls    labor    matters,    375-- 

376 
and  the  public  health,  393 
and  its  care  of  the  poor,  399 
crime  dealt  with  by,  406 
and  the  farmer,  429 
States  Kelations  Service,  427 
Street  railways,  416-418 
Strike,  the,  179,  377-380 
Subsidiary  Coinage,   308 
Suffrage,    12-13 
Sumner,  Charles,  quoted,  243 
Superintendent    of    Schools, 
of  State,   166,  368 
of  county,  185 
Superior   Court    (State),   174 
Supervisor       (Township),       189, 

193 

Supreme    Court    (of    the    United 

States ) , 

decides  between  the  State  and 

the    federal    government,    56 

judges    of,    appointed    by    the 

President,   120,    134 
organization  or,   134-136 
and  the  Constitution,   136-138 
and  the  people,  139 
Supreme  Court   (State),  176 
Sumptuary  laws,  237 
Surrogate's   Court,    177 
Surveyor,  county,    185 
Swamp-lands,  352 


Taft,    ex-President,    quoted,    245 
Tariff,  the,  269,  275,  316-318 
Tariff  Commission,  130,  31S 
Taxation, 

authorized  by  the  legislature, 
26 

and  the  Great  Charter,  77 

defined,  266 

principles  of,   267 

different  kinds  of  taxes,  267- 
269 

proposed   reforms   in,    269-270 

the  power  of  Congress  to  tax, 
273 

federal  system  of,  274-276 

taxing  power  of  the  State,  282 

authority  for  State  and  local 

taxes,  282 

State  system  of,   284-288 

assessment,    285 

equalization,  286 

collection,  287 

delinquency,  287 

exemption,  287 
Taxes,    different    kinds    of,    267- 

269 
Teachers,  compensation  of,  370- 

371 
Tennessee,  182 
Territories, 

how  governed,    143 

Alaska,   146 

Hawaii,  148 

treatment  of,   151 
Texas,   176    (note),   182 
Tobacco  as  money,  299 
Town, 

the  New  England,   196-201 

the  town-meeting,  198-199 

officers,    199 

as  a  factor  in  civic  life,  200 

outside   of   New  England,   201 
Towns      (municipalities),      204- 

206 
Township,  the. 

States  having,   189-191 

powers  of,  192 

organization  of,  193 


474 


INDEX 


Township  —  continued 

a    school    for    general    citizen- 
ship,  193 

and  the  farmer,  430 
Trade  Unions,   373-375 
Transportation, 

interstate  and  intrastate,  329 

highways,    330-332 

railroads,  333-33G 

Interstate   Commerce   Commis- 
sion,  334 

problems  of  urban,  415-416 
Transportation  Act  of  1920,  335 
Treason,  409 
Treasurer    (State),   166 
Treasurer    (county),  185 
Treasury,    Department    of,    128, 

278 
Treaties,   104,   120,   121,  259-262 
Trusts,  340-347 
Tyranny,  7 

U 

Unemployment,  386-387 
Unions,  political,  38 
United    States, 
a  democracy,  5 
a     representative     democracy, 

18-19 
a  federal  state,  39 
the  federal  and  national  prin- 
ciple in,  100 
United     States    notes,     308-310, 

313 
Universities,   368,   430 
Urban   America,   413-422 
Urban      life,      contrasted      with 

rural,  425 
Utah, 

equal  suffrage  in,  13 
initiative  and   referendum  in, 

159 
local  government  in,  182 
minimum  wage  law  in,  385 


Veto  power,  the 

of  the  President,  121 
of  the  governor,  165 


Vice    President,    115,    119,    122, 
222 

Villages,   204-206 

Virgin  Islands,  151 

Virginia, 

representative   government   in, 

18 
in  the  Convention  of  1787,  98 
and  the  District  of  Columbia, 

144 
county  government  in,   181 
its  early  currency,  299 

Vocational    Education,    369-370 

Volstead  Act,  396 

Voters,    qualifications    of,    11-12 
duties  of,   13-14 

Voting,  method  of,  360 


W 


Wages  of  Workingmen,  384-385 
War, 

declared  by  Congress,  249 

and  the  League  of  Nations,  263 
War,  Department  of,  128,  250 
War  Risk  Bureau,   398 
War  Risk  Insurance,  398 
Washington,  D.  C,  144-146,  420 
Washington,  George,  quoted,  28, 

42 
Washington    ( State ) , 

municipal  home  rule  in,  68 

initiative   and   referendum   in, 
159 

recall  in,  170 

forbids    intimidation    at    elec- 
tions, 361 

minimum  wage  law  in,  385 
Water  as  a  public  utility,  414 
Water-power ;     conservation     of, 

353-355 
Ways  and  Means,  committee  on, 

274 
Weather  Bureau,  129,  426 
Webster,  Daniel,  quoted,  246 
West  Virginia,  182 
Williams,  Roger,  197 


INDEX  475 

Wisconsin,  Wisconsin  —  continued 

the  county  in,   183  investigates    old-age    pensions, 

township    government    in,    190  402 

minimum  wage  law  in,  385  Woman  suffrage,  13 

Wyoming,  182,  376 


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